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Possession of a bat, cane, or baton can lead to legal issues in San Diego. Former San Diego Prosecutor explains the scenario. PC 22210 Possession of weapons

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Possession of a bat, cane, or baton can lead to legal issues in San Diego. Former San Diego Prosecutor explains the scenario. PC 22210 Possession of weapons

When I was younger,  I used to keep an old Dodgers mini bat on the side of my car door for security.  I had no bad intent and I do not ever remember taking it out.

I never realized that it would be a crime for me to possess it.  However, under Penal Code 22210 I would have been in trouble.  As a defense attorney, I now help people who have no bad intent and may have not have known having a baton is against the law. 

 Penal Code 22210 which prohibit the possession of batons or leaded canes. More specifically, this law makes it a crime to:

  • Manufacture, distribute, sell, or possess;
    • This includes giving, importing, making, trading, lending, or sharing.
  • A leaded weapon; and
    • Such as a baton, cane, crutch, billy club, slungshot, nightstick, sap, sandbag, blackjack, rod, mini-baseball bat, stick, or staff.
    • Any object that is unnaturally weighted down with material such as lead, cement, or other heavily dense compounds is also covered under this law.
  • This instrument can be used as a deadly weapon against another person and can cause serious bodily injury or death.

Associated Offenses

The following is a list of offenses similar to California’s baton laws. Getting charged with more than one offense could result in the punishments being compounded. This means steeper fines and longer incarceration times.  

California PC 16590 – possession of prohibited weapons;

Any possession, manufacturing, distribution, or selling of generally prohibited weapons is a crime.

California PC 21810 – possession of brass knuckles;

This statute prohibits the import, possession, selling, trading, or manufacturing of brass knuckles, metal knuckles, or similar composite knuckles.

California PC 21310 – carrying concealed dirks or daggers;

You commit this crime when you carry a concealed dirk, dagger, or long thrusting knife that can be used as a stabbing instrument to seriously injure or kill someone.

California PC 20710 – unlawful possession of a shobi-zue;

This law prohibits the sale, manufacture, import, possession, trade, sharing or use of a shobi-zue. This object is a pole or a stick with a knife inside it.

California PC 240 – assault;

This crime is committed when you unlawfully attempt to violently attack another person, possibly causing them physical injury or serious mental anguish.

California PC 242 – battery;

You commit this crime when you willfully or unlawfully use physical force or violence on another person.

California PC 422 – criminal threats;

Threatening to cause great bodily injury or to kill another person or to threaten to hurt or kill that person’s immediate family members is a crime under this law.

What The Prosecution Must Do

Before the prosecution can get a conviction they must first prove beyond a reasonable doubt that you committed the elements of the crime. These elements are also referred to as the facts of the case, which are:

  • You either manufactured, possessed, distributed, sold, made, imported, gave, shared, or traded,
  • A weighted instrument such as a leaded baton, nightstick, staff, sap, mini-bat, weighted cane, crutch, or rod, and
  • This object can be used as a deadly weapon against another person.

Any small hand-held object that has been unnaturally weighted down can be considered a prohibited weapon under this law. The prosecution can still charge you with PC 22210, batons even if you do not think the object in your possession is a baton or similar to it.If you are in San Diego County and have been charged with this, contact a proactive Attorney and get a former prosecutor on your side.  Call (858) 751-4384.

Penalties for PC 22210 – Batons

This crime is considered a wobbler in California. This means the prosecution can choose to pursue misdemeanor or felony charges. It all depends on the details of your case and your criminal background history.

If you are charged with a misdemeanor you face;

As long as one year in county jail, and/or

Fines of up to one thousand dollars.

If charged as a felony you face;

A potential three years in county jail, and/or

As much as ten thousand dollars in fines.

It is at the judges’ discretion to award either summary (informal) probation or felony (formal) probation instead of jail time.

Enhanced Penalties

If you are charged with felony PC 22210, it will impact your gun rights. California has a strict felon with a firearm law PC 29800. This law stipulates that your right to own a gun is permanently withdrawn if you are convicted of a felony.

Penalties For Associated Offenses

If you are facing multiple charges the penalties for each crime are combined. This means you could face more jail time to be served consecutively and/or increased fines. Finding the right legal defense attorney should be a priority as soon as you are charged with PC 22210 or any of the similar offenses below.

California PC 16590 – possession of prohibited weapons;

Misdemeanor;

County jail sentence for up to one year, and/or

Up to one thousand dollars in fines.

Felony;

As long as three years in county jail, and/or

As much as ten thousand dollars in fines.

California PC 21810 – possession of brass knuckles;

Misdemeanor;

As long as one year in county jail, and/or

Possible fines of up to one thousand dollars.

Felony;

As long as three years in county jail, and/or

Maximum fines of up to ten thousand dollars.

California PC 21310 – carrying concealed dirks or daggers;

Misdemeanor;

Summary (informal) probation,

Possible one year sentence in county jail, and/or

Fines of up to one thousand dollars.

Felony;

Formal (felony) probation,

A potential county jail sentence of up to three years, and/or

As much as ten thousand dollars in fines.

California PC 20710 – unlawful possession of a shobi-zue;

Misdemeanor;

As long as one year in county jail, and/or

Fines of up to one thousand dollars.

Felony:

A possible county jail sentence of up to three years, and/or

Maximum fines of up to ten thousand dollars.

California PC 240 – assault;

Misdemeanor;

Summary (informal) probation,

A possible county jail sentence of up to six months, and/or

A potential fine of up to one thousand dollars.

California PC 242 – battery;

Misdemeanor;

Summary probation,

As long as six months in county jail, and/or

Potential fines of up to two thousand dollars.

California PC 422 – criminal threats;

Misdemeanor;

A possible county jail sentence of one year, and

Potential fines of up to one thousand dollars.

Felony;

A California state prison sentence of up to three years, and

As much as ten thousand dollars in fines.

Solutions

Now you know more about the charge, the next step is how to get the best possible outcome?

You want to be proactive.  Let the prosecution know your character so they can believe you had no bad intent.  You want to work with the prosecution to get the best possible outcome.  If you are in San Diego County and have been charged with this, contact a proactive Attorney and get a former prosecutor on your side.  Call (858) 751-4384.

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