The law under Penal Code 21810 of California prohibits the creation, importation, selling, gifting, or simple ownership of metal or brass knuckles, which are rigid hand-held devices that enhance the power of a punch. According to California Penal Code 21810, the offense qualifies as a “wobbler,” permitting prosecution as either a misdemeanor with county jail time up to one year and $1,000 in fines or as a felony with potential sentences up to three years in prison and $10,000 in fines.
Given the complexity of PC 21810, you should consult an experienced criminal defense attorney. Our criminal defense attorneys at the Law Offices of Anna R. Yum in San Diego will evaluate facts to find all available defenses before devoting intense effort to eliminate or minimize your charges.
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Defining Brass Knuckles (PC 21810)
The metal devices known as “brass knuckles” strengthen the power of a punch by wrapping around the knuckles. The single piece of brass knuckles creates a rigid ring that fits around the fingers or knuckles. When focused on a small area, they increase impact force, thus causing severe injuries. The definition includes any weapon that turns into a knuckle-shaped instrument.
Physical Characteristics
- The device consists of a single rigid piece of metal that encircles all four fingers.
- Manufacturers produce these items from brass, steel, composite resin, and other hardened materials.
- The instrument focuses force during punching to enhance its impact, making the blow deadlier than using a bare hand.
Alternate Names
- People commonly refer to these items as “BKs,” which stands for brass knuckles.
- The device also goes by the names knuckle rings and iron rings.
- The statute includes any object that serves as brass knuckles, regardless of its alternative names.
Prohibited Conduct
PC 21810 specifies multiple illegal actions associated with brass knuckles, including manufacturing, importing, selling, and sharing.
Manufacturing, Importing, Selling, Sharing
The law prohibits the production of brass knuckles and their importation, storage, sale, display for sale, or any other manufacturing activities of these instruments. According to California law, providing brass knuckles to others remains unlawful even when the transfer occurs as a present.
Possession and Transportation
The law considers it illegal to have brass knuckles in your possession or to move them from one location to another, even without criminal intentions. Under California law, possessing even one pair of metal knuckles is illegal.
Brass knuckles can be considered possessed through direct ownership or placement within vehicles or storage lockers. The possession of brass knuckles inside a vehicle or a handbag can result in criminal charges.
According to legal expert testimony, mere physical ownership of brass knuckles, no matter where they are located on the person (e.g., pocket or desk drawer), will result in criminal charges. The legal requirement for brass knuckle possession does not require showing that the person intended to use them as weapons.
Capability for Serious Bodily Injury
The law prohibits brass knuckles because of their dangerous nature. This law explicitly acknowledges that brass knuckles can cause severe physical injury to the body.
Brass knuckles, as designed, enable users to deliver concentrated force through small contact points. Attorneys, together with judges, emphasize that strikes delivered with brass knuckles result in more serious injuries than regular hand punches.
California law treats brass-knuckle possession as a serious offense because these weapons can turn everyday disputes into life-threatening encounters.
Related Weapons Offenses
Brass knuckles usually fall under the purview of weapons laws as prosecutors analyze additional weapon-related statutes. Some commonly associated offenses include:
California Penal Code 21510—Switchblades
PC 21510 prohibits switchblade knives. This law prohibits carrying, possessing, selling, giving, or transporting switchblade knives that operate automatically through button activation or other mechanisms in public areas. A violation of 21510 results in misdemeanor charges that lead to probation, fines up to $1,000, and potential jail time of up to 6 months in county facilities.
California Penal Code 22210—Batons
Penal Code 22210 makes it illegal to possess batons, including billy clubs, blackjacks, and any stick/rod containing lead. The law prohibits the creation of batons alongside their importation, sale, and possession. Violating PC 22210 constitutes a wobbler offense between misdemeanor and felony classifications. The misdemeanor offense of this violation can result in one year of imprisonment, while the felony offense carries a potential sentence of three years and maximum fines of $10,000.
California Penal Code 16590—Prohibited Weapons
The general “prohibited weapons” law is found in PC 16590. The statute makes it unlawful to create, manufacture, sell, or possess various dangerous weapons, including short-barreled rifles and undetectable firearms, as well as cane guns and numerous other specified items. The offense can be prosecuted as either a misdemeanor or a felony, with a maximum jail time of 3 years. The laws of California specifically identify metal knuckles as prohibited items through Section 16590, thus making their ownership illegal.
California Penal Code 415—Disturbing the Peace
The criminal offense of PC 415 addresses both disorderly conduct and public fighting behaviors. The legal definition of PC 415 includes fighting or challenging fights in public places and making excessively loud noises, as well as using offensive language likely to cause violent reactions in public areas. Disturbing the peace might result in either infractions or misdemeanor charges. A PC 415 misdemeanor conviction leads to up to 90 days in county jail and a maximum fine of $400, but many cases get reduced to an infraction with only a fine.
California Penal Code 647(f)—Public Intoxication
The law under PC 647(f) makes it illegal to be intoxicated in public areas when you cannot protect your safety or the safety of others. Being drunk or under the influence of drugs in public when you cannot protect your safety or are blocking sidewalks leads to public intoxication charges. A public intoxication offense under this law carries the potential penalty of 6 months in jail alongside a maximum fine of $1,000.
California Penal Code 242 – Battery
The law under PC 242 states that battery involves intentional and illegal physical contact with another human being. The law defines battery as any unacceptable touching that causes harm or offense to the victim. The penalty for simple battery as a misdemeanor includes up to six months in jail and fines reaching $2000.
California Penal Code 243(d) – Aggravated Battery
Under Section 243(d), the law targets battery cases that lead to severe physical harm. When a battery causes substantial harm to the victim, the legal classification rises. A conviction may receive either misdemeanor or felony classification. The aggravated battery offense is a misdemeanor punishable by a maximum 1-year sentence in jail and a maximum fine of $1,000. The offense qualifies as a felony, which mandates a prison sentence between 2–4 years and maximum fines of $10,000.
Elements of the Crime and Prosecution
Under PC 21810, the prosecution must prove the offense’s essential components. These generally include:
Weapon Type
Metal knuckles qualify as the weapon type under this law. The courts interpret this statute to encompass brass and other solid knuckle devices. The statutes specifically identify “metal knuckles, as prohibited by Section 21810,” as the object that makes an offense under this law. Any fist-worn rigid instrument made of metal or equivalent hard materials qualifies under the legal definition of “metal knuckles” in practice.
Prohibited Act
The defendant must have taken part in manufacturing, importing, selling, giving, lending, or possessing the knuckles. The law defines possession of knuckles as an element that can be established by finding them on someone or in their vehicle. The legally proscribed act includes the homemade creation of knuckles in personal workshops and their purchase from outside the state for personal use. The prosecution establishes the defendant’s ownership of knuckles through witness accounts, search evidence, and the defendant’s statements.
Capability for Serious Injury
The law recognizes that brass knuckles pose a serious risk of causing severe injuries, although the statute does not require separate proof of this element. The capability of brass knuckles to cause severe harm establishes their dangerous nature. The weapon has, per se, deadly characteristics because of its design element. The courts use evidence of force enhancement (such as metal knuckles) to support the criminal classification under 21810.
No Actual Use Required
The possession of brass knuckles under PC 21810 does not depend on proof that the defendant used them in an assault or intended to cause harm. The criminal charge under this offense depends solely on possessing and distributing dangerous items. Prosecution against the defendant becomes possible even if they deny planning the violent use of their knuckles because possessing these weapons constitutes an offense. According to a defense attorney, you may face this charge without any plans to use the dangerous instrument because the law does not require actual use.
Who Can Be Charged for a PC 21810 Violation?
The violation of PC 21810 allows authorities to charge any person found within California state borders. The statute applies to users of brass knuckles, together with manufacturers and anyone who possesses them. The law covers knuckles that someone possesses when performing other actions, including driving under the influence. PC 21810 charges can be triggered through the following real-life scenarios.
Example 1 – Gifted Knuckles – DUI
A person named Alex accepts brass knuckles as a gift from another state. The law remains unknown to Alex, so he keeps the knuckles inside his jacket. During late evening hours, after consuming alcohol, he operates his vehicle without stopping at stop signs, which leads to his arrest by police. A police officer stops the driver for DUI and finds the gift knuckles in his pocket.
The law requires that Alex receive several charges based on his situation.
- PC 21810 (Brass Knuckles – Possession): The unlawful possession of metal knuckles under PC 21810 constitutes a violation even if Alex did not plan to use them or had any malicious intentions.
- VC 23152(a) (DUI of Alcohol): Driving under the influence of alcohol constitutes a misdemeanor offense according to VC 23152(a). The first offense of DUI carries penalties of probation combined with DUI education and mandatory fines ranging between $390 and $1,000 and potential jail time up to 6 months.
- VC 22450 (Stop Sign Violation): The failure to stop at a stop sign under VC 22450 usually results in a non-criminal infraction with no jail time, but may lead to additional DUI charges.
The legal system of California considers possession of knuckles illegal, even though they were given as a present, and Alex had no plans for violence.
Example 2 – Weapons Collector’s Party
A weapons collector organizes a backyard gathering where he exhibits his weapon collection. The exhibition features a set of spiked knuckles made of metal, a baton, a switchblade knife, and other prohibited weapons. An intense argument nearly turned into a violent fight, prompting police to intervene.
Multiple weapons offenses could be filed against the host, including:
- PC 21810 (Brass Knuckles with Spikes): Under PC 21810 (Brass Knuckles with Spikes), possessing or producing modified brass knuckles that include spikes is unlawful. The law does not consider spikes as a factor in legalizing brass knuckles since these remain classified as illegal knuckle weapons.
- PC 22210 (Batons/Billy Clubs): The exposed baton, which is categorized under PC 22210, falls within the baton/billy club statute. The law forbids owning or trading such weapons, subjecting the defendant to PC 22210 charges.
- PC 21510 (Switchblade): The carrying or selling of a switchblade according to PC 21510 (Switchblade) constitutes a violation of the switchblade ban.
- PC 16590 (Prohibited Weapons): The general weapons statute under PC 16590 would apply to all other dangerous items in his collection because PC 16590 includes many prohibited weapons.
That gathering would trigger multiple charges, including PC 21810 for brass knuckles, PC 22210 for batons, and PC 21510 for switchblades. The use of weapons to commit assaults or batteries at the party would result in additional assault/battery charges for each offense.
Legal Defenses to PC 21810
A defense attorney with experience in these matters evaluates the strength of the prosecution’s case when dealing with PC 21810 charges. Common defenses include:
Lack of Prohibited Weapon Possession
Non-Metal or Toy “Knuckles”: A non-metallic or toy knuckle may not satisfy the requirements under the statute. The “rubber gag knuckles” toy qualifies as a non-prohibited weapon because it lacks metal components and exhibits stretchable and harmless properties.
Also, rubber novelty knuckles do not match the brass/metal definition of prohibited weapons because “squishable, stretchable rubber knuckles are not specifically listed as a prohibited weapon”. The definition of metal knuckles does not apply to this item under this argument.
Insufficient Evidence of Possession
The defense can dispute that the defendant had physical control over the knuckles as required for possession. The legal ownership of discovered knuckles may not rest with the accused person if the knuckles belong to someone else. The elements of possession become invalid when someone disputes the control or knowledge of the item.
Statutory Exemptions and Antique Ownership
- Law Enforcement Exemption
Peace officers can legally keep brass knuckles under California state law when performing their official duties. The law grants an exemption when defendants work as sworn officers or perform their duties under official authorization. Officers who lawfully seized brass knuckles during their duties can invoke the law enforcement exemption as a defense.
- Antique or Curio Exception
The possession of antique weapons remains protected only when they were legally acquired under the Antique or Curio Exception. A civilian antique dealer lawfully owned decades-old brass and iron knuckles in his historic collection. The defense requires proof that the weapon meets antique status (over 50 years old) while demonstrating lawful acquisition through licensed dealers or collectors.
Unlawful Search and Seizure
A warrant violation during the Fourth Amendment search will suppress evidence for any discovered knuckles. Any items found outside the boundaries of the police search warrant may become inadmissible evidence when police possess a warrant only for the home but not for storage lockers or vehicles.
During a person’s house search with a valid warrant, authorities uncovered a key leading to their storage unit. The officers proceeded to open the unit despite lacking a new warrant and discovered brass knuckles inside. The court rejected the evidence because the search operation exceeded the warrant.
The court will exclude all evidence obtained after an unlawful initial detention, including knuckles. The prosecution’s case might become invalid due to a lack of Miranda warnings or improper search procedures.
Penalties for a Penal Code 21810 Violation
The punishment for PC 21810 depends on whether the court charges it as a misdemeanor or felony because this offense exists as a wobbler.
Misdemeanor Penalties
- County Jail: Up to 1 year in a county jail.
- Fine: Up to $1,000.
- Summary probation is sometimes given to first-time offenders instead of jail time, but the law permits up to 1 year of incarceration.
Felony Penalties
The punishment for PC 21810 felonies includes up to three years of jail time because courts serve these offenses in county jails according to PC 1170(h). You could be subject to fines not exceeding $10,000. Also, the court can use formal probation as one of the requirements for a felony sentence.
Long-Term Consequences
A PC 21810 conviction creates long-lasting effects extending past the jail sentence, including:
- Criminal Record: A criminal record will stay permanently unless the court approves PC 1203.4 expungement. A person can request expungement of their record only after fulfilling every jail sentence and probation requirement.
- Collateral Effects: The conviction of possession of weapons can result in negative consequences that impact immigration status, gun rights, and professional and license eligibility. A single felony conviction alongside any misdemeanor will create serious obstacles for employment searches, academic pursuits, and housing applications.
- Employers and educational institutions frequently reject candidates who have violent criminal records, while any contact with police becomes more dangerous when you have a weapon possession history.
- Gun Rights: The possession of firearms remains legal for individuals who have only received a misdemeanor 21810, while a felony conviction leads to permanent firearm ownership restrictions throughout California.
Penalty Enhancements
The California Penal Code 667, known as the “Three Strikes” law, enhances penalties for offenders who commit multiple offenses. When PC 21810 is charged as a felony offense, which qualifies as a “strike” from prior serious or violent felonies, then the following penalties apply:
- The normal prison term would be doubled for a second felony conviction of PC 21810 when the defendant qualifies as a strike offender.
- The Three Strikes rule will impose a life sentence (or 25 years to life) upon a defendant who commits their third felony.
A defendant who has committed serious felonies in the past will receive much longer prison sentences after being convicted under PC 21810.
Penalties for Related Offenses
When facing charges under weapon statutes, your typical sentencing possibilities include the following:
PC 21510 – Switchblade
- Misdemeanor: Up to 6 months in county jail and/or a $1,000 fine.
PC 22210 – Batons
- Misdemeanor: Up to 1 year in county jail and/or a $1,000 fine.
- Felony: Up to 3 years in county jail and/or a $10,000 fine.
PC 16590 – Prohibited Weapons
- Misdemeanor: Up to 1 year in county jail and/or a $1,000 fine.
- Felony: Up to 3 years in county jail and/or a $10,000 fine.
Find a Criminal Defense Lawyer Near Me
The outlawed possession of brass knuckles in San Diego, CA, could have you arrested and charged under PC 21810. If facing charges, seek immediate legal counsel before it is too late to defend yourself. You want to seek help from a criminal defense lawyer who will review your case for legal and factual weaknesses. Your defense lawyer can use the findings to build strategic defenses against weapon classification or search validity challenges.
Our legal team at the Law Offices of Anna R. Yum in San Diego will fight for you throughout every phase of weapons allegations because we know how stressful they can be. Call us at 619-493-3461 for a free initial consultation with no obligations. Our knowledge, combined with dedication, will work for your benefit to achieve the best possible outcome.
