what kind of jail time for a weapons charge of possession of brass knuckles in san diego county?
My brother and his wife are going through a divorce. She called the cops on him stating that he had threatened to kill her. When the cops arrived she went into their bedroom and pulled out his brass knuckles and handed them over to the S.O. They arrested him and now he’s facing weapons charges. I know they are illegal here in CA, but he technically wasn’t in possession of them at the time. What kind of jail time, if any, is he looking at?
Its 12020(A)(1):
12020. (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:
(1) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any flechette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any short-barreled shotgun, any
short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, any metal military practice handgrenade or metal replica handgrenade, or any instrument or weapon
of the kind commonly known as a blackjack, slungshot, billy,
sandclub, sap, or sandbag.
If he had a clean record, normally I’d say he’s looking at some probation. However, since DV was involved in the whole thing, no one will be able to answer that but an attorney that knows the political climate in SD County.
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2 comments
Eric on July 27, 2009 at 7:31 pm
Its 12020(A)(1):
12020. (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:
(1) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any flechette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any short-barreled shotgun, any
short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, any metal military practice handgrenade or metal replica handgrenade, or any instrument or weapon
of the kind commonly known as a blackjack, slungshot, billy,
sandclub, sap, or sandbag.
If he had a clean record, normally I’d say he’s looking at some probation. However, since DV was involved in the whole thing, no one will be able to answer that but an attorney that knows the political climate in SD County.
References :
California cop.
JJ on July 27, 2009 at 8:20 pm
its a misdemenor weapons charge. he’s not going to jail. but the guy should have just said they belonged to the wife. its her word against his and he could beat that in court. he could say she bought them and planted it there so she could get him locked up. the only reason he got arrested is because he admitted to the cop that they were his.
References :