what kind of lawyer do you contact about brass knuckles

by Prof. Tristin Abshire 10 min read

A criminal law attorney may potentially defend the accused person against the charges by providing evidence that the brass knuckles did not belong to that person.Jul 21, 2015

Full Answer

Are brass knuckles legal in Iowa?

The law in Iowa does not specifically state whether brass knuckles are legal or not. However, brass knuckles can be considered a dangerous weapon; therefore, it is up to the courts to determine this and how the knuckles were used, and if the owner had criminal intent.

What are brass knuckles used for?

Brass knuckles, also called "knuckle dusters" and "knucks," are used as offensive and defensive weapons. In World War I and World War II, brass knuckles were often attached to knives to use in trench warfare. Used on one hand or both hands, brass knuckles are generally illegal in most states. States in the U.S. have differing views on this weapon.

Can brass knuckles hurt you?

Like any dangerous weapon, brass Knuckles always have the potential to hurt others, whether purposely or accidentally. If someone is injured or property is damaged while you are using brass knuckles, you could be held liable in a civil lawsuit and/or face charges in a criminal court.

Is there a legal version of brass knuckles?

In the United States, there are no federal laws regulating brass knuckles; however, there are various states, county, and city laws that prohibit their sale or possession. Brass knuckles can typically be purchased at markets or from companies that make belt buckles and other metal goods (where legal).

Is brass knuckles a misdemeanor?

Under Penal Code 21810 PC, it is illegal in California to make, import, sell, give, or possess metal knuckles, or brass knuckles (“BKs”). This section is a wobbler, meaning prosecutors can elect to file the charge as either a misdemeanor or a felony.

What happens if you get hit with brass knuckles?

Being struck with brass knuckles can inflict broken bones, cuts, concussions, and eye and nose injuries. Although injuries from brass knuckles are usually serious but non-fatal, there are some cases where the use of brass knuckles has resulted in death.

What is the sentence for brass knuckles?

For example, Penal Code § 12022(a)(1) addressing brass knuckles, was renumbered as Penal Code § 21810. Section 21810 is a "wobbler," meaning the offense can be charged as a felony with a maximum sentence of three years and a fine of up to $10,000 plus penalties and assessments that can total $42,500.

Where in the US are brass knuckles legal?

At the federal level, brass knuckles are not regulated in the United States. However, many cities and states have made owning brass knuckles illegal, including Colorado, New York, New Jersey and Rhode Island.

Is 16590 PC a felony?

Recall that a PC 16590 violation can be charged as either a misdemeanor or a felony.

How long does brass knuckles last?

How Long do the Brass Knuckles Cartridges Last? They contain only a gram of concentrate, but it is enough to last a considerable amount of time. Each cartridge lasted between two to three days before it needed to be replaced. The amount of puffs one can get off of this is around 200.

What is a knuckle buster?

A knuckle-buster is a colloquial term used to describe early manual credit card imprinting devices. Also sometimes known as zip-zap machines, the imprinters became known as knuckle-busters because frequent users of these devices would often skin their knuckles and develop calluses as a result of repeated use.

Does a roll of quarters help in a fight?

If swung with enough force, this makeshift sap could break bones. When held in the fist, that roll of quarters makes a punch much heavier, both literally and figuratively. But that roll of coins could become even nastier.

Who invented brass knuckles?

Historians believe brass knuckles originated from ancient Greece and Rome, where they were used during gladiator matches. Over time, they grew in popularity among American soldiers in both World War I and World War II.

What is a weapon defense in criminal court?

Weapons defense in criminal court calls for scouring the applicable statute to argue that the defendant’s alleged and actual behavior does not qualify as a crime. As a Fairfax criminal lawyer, I know that the Virginia law barring concealed carrying of designated armaments requires careful review not only of the statute but of the relevant caselaw. See Virginia Code § 18.2-308.

Is a brass knuckle a weapon?

People might assume that brass knuckles are considered to be weapons by the Virginia criminal law. However, Virginia law does not mention “brass knuckles” but does criminalize the concealed carrying of “metal knucks.” Virginia Code § 18.2-308 (A). In a recent weapons defense appeal, the Virginia Court of Appeals issued an unpublished opinion that brass knuckles are metal knucks, and are therefore unlawful to carry in concealed fashion: “The statute does not define ‘metal knucks,’ but this Court has previously equated brass knuckles with metal knucks. Commonwealth v. Rice, 28 Va. App. 374, 376 (1998). Brass knuckles are defined as ‘a piece of metal designed to fit over the fingers as a weapon for use in a fistfight’. Brass Knuckles, Black’s Law Dictionary (11th ed. 2019). By definition, brass knuckles are a weapon because they are designed for fist-fighting purposes.” Williams v. Commonwealth of Virginia, Record No. 0224-20-4 (Va. App., Dec. 29, 2020) (unpublished).

What are brass knuckles used for?

Brass knuckles, also known as “knuckle dusters” and “knuckles” are developed for offensive and defense weapons. During the World War I and World War II, the brass knuckles were usually fastened to the knives for trench warfare. Brass knuckles are used on one hand or on both hands and they are considered as dangerous weapons and they are unlawful in many states.

What happens if you hit someone with brass knuckles?

When someone is hit with brass knuckles, it can cause broken bones, concussions, cuts, eye and nose injuries.