California Penal Code 22210 – Batons

Like all laws, Penal Code 22210 is tailored to promote the well-being and safety of all citizens. However, navigating the law can be overwhelming and confusing, especially when an item is considered a weapon. You could face criminal charges carrying severe penalties if a misunderstanding or misinterpretation occurs. Luckily, the Law Offices of Anna R. Yum, a professional San Diego-based law firm, can help you navigate the matter confidently. We can discuss your case facts, the evidence against you, and your potential legal defense and advise you on the best course of action.

Defining Possession Of a Baton Under California Penal Code 22210

Prohibited weapons per this statute include the following:

• Baton.
• Billy.
• Leaded cane.
• Blackjack.
• Slungshot.
• Sandclub or sandbag.
• Sap.
• Every weapon has the same material or components as those listed above.

A baton is a cylindrical club made of rubber, plastic, metal, or wood. It is compliance equipment and a defensive weapon for correctional staff, law enforcers, military personnel, and security guards.

The law only permits law enforcement agents or uniformed security personnel on duty to possess batons. Therefore, it is illegal for any other individual to:

• Produce or influence the production of batons.
• Import or bring batons into the state.
• Give out a baton.
• Keep, offer, or expose for sale batons.
• Lend or possess batons.

Before you obtain a baton permit as a law enforcer or security guard, you should meet the conditions below:

• Be above 18 years of age.
• You have undergone baton training from a licensed baton training center.
• You have a valid security guard registration.
• You have paid a fifty-dollar fee.

Illegal Possession of Batons Penalties and Legal Implications

Violating PC 22210 is a wobbler. A wobbler is a crime that the prosecutor charges as a felony or misdemeanor, depending on the facts of the case.

Upon conviction, the crime is punishable by:

• Informal probation, a one-year sentence in county jail, and a fine not exceeding $1,000 following a misdemeanor conviction.
• Formal probation, three (3) years in jail, and a fine not exceeding $10,000 following a California felony conviction.

Since a Penal Code Section 22210 conviction is not a crime involving moral turpitude, non-citizen defendants do not face adverse immigration consequences, like being marked as inadmissible or deportation.

A felony conviction can result in the loss of your gun rights. The law prohibits convicted felons from possessing, owning, or purchasing a gun.

Can You Expunge Your PC 22210 Criminal Records?

Yes, you can.

According to PC 1203.4, expungement lets you withdraw your no-contest or guilty plea to have your criminal charges dismissed. The legal process releases you from most of the penalties and consequences of your conviction.

An expungement is beneficial for maintaining and obtaining professional licenses and joining professional firms. After this post-conviction relief, you do not have to reveal your conviction to an employer, even after the company makes a conditional employment offer. In other words, the dismissal provides a fresh start from your criminal past.

To qualify for expungement, you must have completed your probation and are not currently:

• Prosecuted for a crime.
• Serving a sentence.
• Serving probation.

While you must meet your probation terms before the judge grants your expungement petition, all hope is not lost if you broke them. Your defense attorney can convince the judge to schedule a hearing to determine whether you are eligible for post-conviction relief. The judge will consider the following factors:

• Your performance during probation.
• The severity of your conviction.
• Your criminal records.
• Community ties.
• Support from your family.
• Opportunities to secure stable employment.

How to Beat Your Criminal Charges

Appropriate defenses that your attorney can use to fight baton possession charges include the following:

Unlawful Search and Seizure

If law enforcement agents search and seize the weapon in question illegally, your legal counsel can work aggressively to dismiss the proof. Police officers can only arrest you for violation of PC 22210 if:

• They are convinced you were committing criminal acts.
• They have a valid search warrant or your consent to search.

A valid search warrant should be:

• Authorized by a judge.
• Based on probable cause.
• Describe the area the police will search and the item(s) to search.

If you believe you are an illegal search victim, you have the right to have the proof the police obtained suppressed. It implies that the police cannot use that evidence against you in court. Your criminal defense attorney should challenge the evidence by bringing a PC 1538.5 motion before your trial starts. If the judge grants the motion, you can get your criminal charges reduced or dismissed.

You Had No Knowledge of the Baton

Before convicting you of PC 22210, the prosecution must prove that you intentionally committed a criminal act. A crucial fact to note is that the prosecution is not required to prove your use of the item in question but that you knew that you could utilize it as a weapon.

Assuming you thought the baton was fake at the time of possession or purchased it from an individual without understanding that it might be used as a weapon. In that case, you cannot be sentenced for violating  PC 22210.

You are Licensed to Possess the Weapon

If you have been granted a valid permit by the relevant authorities in the state to possess specific weapons under PC 22210, then the judge cannot find you guilty.

For more information, you should consult your attorney.

You are a Law Enforcement Agent or Security Guard

Suppose you are an employee of any protective agency in the state or you work as a security personnel. In that case, you can beat the charges by proving that your occupation permits you to carry a baton.

Police Entrapment

If you could prove that the police lured, persuaded, or tricked you into engaging in possession of a baton, then your lawyer can build a formidable defense. Entrapment is a valid issue that violates a defendant’s legal rights.

Related Offenses

Some of the crimes charged alongside or in place of unlawful acts with batons include the following:

Penal Code 21810 (Possessing Brass Knuckles)

Penal Code Section 21810 PC makes it unlawful to import, create, give, possess, or sell brass/metal knuckles. Brass knuckles are metallic devices worn on the hand to intensify the force of a punch or injuries stemming from a punch.

The crime is a wobbler. A misdemeanor carries a year in jail and one thousand dollars in fines, while a felony attracts up to three years and ten thousand dollars in fines.

Possessing Prohibited Weapons

PC 16590 makes possessing, selling, or manufacturing specific dangerous weapons illegal.

The crime is a wobbler. A felony attracts a three-year jail sentence and a ten-thousand-dollar fine, while a misdemeanor is punishable by a year in jail and up to one thousand dollars in fine.

Carrying Concealed Daggers and Dirks

According to PC 21310, carrying a concealed dagger or dirk is illegal. A dagger or dirk, is a long knife that can cause death or great bodily injuries if you stab someone.

It is a wobbler. A felony carries three years in jail, while a misdemeanor attracts a year of incarceration.

How to Restore Your Gun Rights

You risk losing your firearm rights if convicted of a felony. Luckily, depending on the case facts, you can restore the rights using the following ways:

• Reducing a felony wobbler conviction to a misdemeanor.
• Using a governor’s pardon.

Reducing Your Felony Wobbler Conviction to a Misdemeanor

PC 17b allows you to reduce your felony conviction to a California misdemeanor if the underlying crime is a wobbler and the judge imposed probation.

That means you do not qualify for the reduction if you broke your probation or the judge denied your probation and you served time in state prison.

You can file your PC 17b motion at one of the points below:

• The end of your preliminary hearing.
• After completing probation.
• During your case sentencing.

If you are still serving felony probation, your defense attorney can file PC 17b after probation. Sometimes, they can assist you in acquiring an early termination of probation to accelerate the process.

If you have already completed probation, your lawyer can request that the judge reduce the felony to a misdemeanor at any point.

Before granting the reduction, the judge will consider the following factors:

• The nature of your alleged gun crime.
• Case facts.
• Whether you followed by your probation conditions.
• Your personal history.
• Your criminal history.

Sometimes, the prosecutor can argue that the judge should not reduce your conviction. The judge can choose to consider or ignore the argument.

Governor’s Pardon

You can consider using a gubernatorial pardon if you are ineligible for felony reduction to a misdemeanor.

You can obtain a governor’s pardon through any of the following ways:

• Applying directly to the governor’s office.
• Receiving a recommendation for a pardon from the Board of Parole Hearings.
• Bringing a Certificate of Rehabilitation petition from the superior court.

The main requirement is exemplary conduct for an extended duration. The governor will not consider your application unless you have been discharged for more than ten years without criminal conduct.

Restoring your firearm rights is a time-consuming and complicated relief option that requires skilled legal representation.

What to Do If the Police Want to Talk to You: Protect Your Rights and Remain Silent

If you are under police officers’ interrogation, you must take quick action to safeguard yourself and your future. Once you know your legal rights, you should be prepared to exercise them.

Your Constitutional Right To Stay Silent

If you are under questioning by law enforcement, expressly state that you are invoking your legal entitlement to stay silent. Notwithstanding how much they attempt to intimidate or push you, do not answer questions or provide further details.

Remember that what you say could be utilized against you in court; law enforcement agents use self-incriminating statements to bring criminal charges.

The Only Exceptions While Invoking Your Legal Right to Stay Silent

While under police questioning, you can choose whether to answer or not. Nevertheless, there are certain questions you should answer. They include the following:

• Your address.
• Your name.
• Your date of birth.

You could provide law enforcement agents with the details listed above by offering them your driver’s license or valid ID card. Please note that you are under no legal obligation to answer more questions. You are not required to inform them of where you are coming from or headed, or answer any inconsequential questions.

Their questions might seem simple, but they can provide crucial details for police officers’ investigations.

You can exercise your right to remain silent at any point, even if you have been formally charged or in custody. The ideal moment to invoke this legal right is once law enforcement officials begin questioning.

To invoke this right, you could simply say, “I am pleading my legal right to stay silent and will not answer any more questions without an attorney.’’ As a result, the police officers must cease their probing. Even if they continue questioning, you should simply sit silently and wait for the lawyer to represent you. While police officers could attempt to provoke or pressure you into uttering something you might regret, resist the urge to speak. To avoid making a mistake that could end up hurting your case.

Remember that in your rush to absolve your name, the police can use anything you speak to establish a case against you. Therefore, stay silent and calm until your legal counsel arrives to assist in conveying the bits of information you feel will clear you.

Inquire If You Are At Liberty to Leave

If law enforcement agents try to question you even after allowing them to verify your ID, refrain from responding. Instead, ask if you can leave. If you have not been officially charged or under interrogation, you should be at liberty to leave as you choose. Leaving can prevent the officers from taking you into detention for more extensive questioning.

Police officers could sometimes use unscrupulous methods to make you believe you have no right to leave. Your criminal defense attorney can make things easier for you.

How Plea Bargain Works

A plea deal is a negotiated agreement between the accused and the prosecution in criminal proceedings. During the process, the suspect pleads guilty or no contest to an offense in exchange for a jail term less than the required maximum for their criminal charges.

In other words, the plea deal involves the suspect pleading guilty to reduced charges. It allows the defendant to have less serious charges based on their criminal history and serve a reduced sentence.

The prosecution primarily offers the plea deal after presenting the initial charge during the arraignment process. The charge could be increased or scarcely supported by poof to frighten the accused. Therefore, when the prosecution offers a lesser charge or reduced sentence, the accused is likely to take the negotiated agreement.

How to Negotiate A Plea Bargain Agreement

Following the prosecution’s offer to your lawyer, the legal counsel will present the plea deal offer to you. If you believe the plea bargain is fair, you should accept it. Nevertheless, it is wise that your attorney agrees with the prosecution regarding the terms that best suit you before accepting the final offer. The prosecution is not guaranteed to agree to negotiate with your lawyer, but they might reduce their initial offer, mainly if some wiggle room exists.

A Judge Should Approve Your Plea Bargain Agreement

Accepting the prosecutor’s plea deal does not conclude the matter. A judge must evaluate the deal. The judge will ask numerous questions to ensure you are comfortable with the agreement and fully aware of the legal ramifications.

The judge will formally sentence you once they approve your plea bargain agreement. You could take your case to court if the judge does not sign off on the plea bargain agreement.

Getting the Most Out of Plea Bargain Negotiations

The prosecution’s initial plea deal offer does not always have to be their final offer. With the help of a knowledgeable negotiator, you can significantly lessen the charges or potential sentence.

Some helpful tips to enable you to get the most from your plea bargain agreement include the following:

• Understanding the prosecution’s objective — If the prosecution offers you a deal, they act with an objective. They might be attempting to save their time and public resources. If the offer is unfair, they could be proving a point to future suspects. When you are aware of the prosecution’s motive, you can negotiate for better terms.
• Compromise on what is right for you — If there is strong proof against you, a plea agreement could be in your favor. Nevertheless, you do not sacrifice everything immediately. Establish the maximum and minimum prison sentences that you risk serving if you decide to proceed to a court trial. That way, you can compromise and take a plea offer somewhere in the middle. However, that does not mean you must not accept the prosecution’s first offer.
• Understand the benefits and cons of your charges — Each criminal case is unique and has its advantages and gaps. The available proof could support legal arguments by the prosecution and defense. You must be aware of the amount of case information working in your favor and against you. Your defense lawyer can assist you in understanding whether the proof supports the prosecution’s case beyond a reasonable doubt.
• Ensure that you set realistic goals — Even though the objective of the plea deal is to obtain a favorable sentence below the maximum prison sentence, you should be practical. You will face penalties when you plead guilty or no contest to criminal charges. Nevertheless, you could avoid jail if it is a first-time or less severe offense. In a different situation, you should request the lowest available prison term. Your incarceration time will be proportional to the offense you are pleading to.
• Enlist the services of a proven negotiator — Employing a seasoned and skilled negotiator helps you leverage their abilities to help you obtain a favorable plea offer. Negotiation goes beyond going back and forth with the prosecutor. It consists of certain portions of smooth negotiations outlining your case’s strengths and the prosecution’s weaknesses.

Can the Jail Record Your Telephone Conversation with Your Defense Attorney?

After your arrest, you will probably want to speak with your loved ones and lawyer. PC 8515 allows you to make three calls within three hours of booking. Making the calls within your local area is free of charge.

You will inevitably discuss your case facts when talking to your lawyer on the phone. You might have urgent questions that only an attorney who knows the facts of your case can answer. Your concerns are understandable, as you might worry about someone recording or eavesdropping on your conversation with incriminating details.

Although PC 636 prohibits eavesdropping on telephone conversations between a client and a lawyer, private phone firms automatically record every call from jail. The prosecution team can later analyze the calls for proof associated with escape plans or witness intimidation. Your seasoned attorney should request that their calls are not recorded.

While a personal visit is the most effective mode of communication, it is not always viable due to time constraints. It facilitates document review, eliminates eavesdropping, and allows document signing. It is also a compelling aspect of defense that establishes a rapport and an excellent professional relationship with the legal counsel. You can whisper if you are concerned about monitoring.

Find a Skilled Criminal Defense Lawyer Near Me

Penal Code 22210 prohibits batons, and you risk facing severe criminal penalties like incarceration and fines if found in possession. While the law is stringent, you are entitled to qualified and fair legal assistance. The Law Offices of Anna R. Yum can stand with you throughout the different phases of the case and help you protect your rights and obtain the best possible case outcome. We have aggressively achieved case dismissal, charge reduction, and acquittal for San Diego defendants for many years, even though it is seemingly challenging to fight. Please contact us at 619-493-3461 for a free case review.