California Penal Code 22210 PC
PC 22210 – Possession of a Baton
Possession of a Baton – Table of Contents
- PC 22210 Definition
- PC 22210 Penalties
- PC 22210 Illegal Activities
- PC 22210 Defending
- Possession of Baton – Hire Us
A prohibited weapon under CA Penal Code 22210 ‘Possession of a Baton’ can be considered but is not limited to any of the following:
- leaded cane,
- sandbag or sandclub,
- and all other weapons with similar components/material as any of the above.
Any person who is convicted of a crime involving a prohibited weapon is punishable by either:
- Felony conviction—formal probation, imprisonment in county jail for up to 3 years and/or maximum fine of $10,000, or
- Misdemeanor conviction—informal (also known as “summary”) probation, imprisonment in county jail for up to 1 year and/or maximum fine of $1,000.
Except for special police officers/uniformed security guards authorized to carry such weapons, any person who:
- manufactures or causes to be manufactured,
- imports into the state,
- keeps, offers, or exposes for sale,
- lends, or
A weapon classified under the subdivision of CA Penal Code 16590(m) is subject to penalties.
An experienced defender may be able to present several California legal defenses on your behalf:
- You didn’t possess full knowledge of the weapon
Before you can be found guilty, the prosecutor must first prove that you knowingly engaged in an illicit activity (see above for the list of activities). An important thing to note is that the prosecutor does not need to prove that you used the item, only that you knew it was capable of being used as a weapon. If you possessed the weapon thinking that it was fake, or if you bought the object from someone without knowing it could be used as a weapon, then you cannot be convicted of CA Penal Code 22210 for possession of a baton.
- The defendant and/or weapon was discovered during an illegal search-and-seizure.
If the police searches and seizes the weapon by illegal means, then your attorney will try to have the evidence dismissed. The police can only legally arrest you for CA Penal Code 22210 for possession of a baton if they have a reason to believe you were engaging in criminal activity, a search warrant to legally search, or your consent to search. Without such parameters taken by the law enforcers, your attorney will fight for your innocence.
- You work as a special police officer or uniformed security guard.
If you work for any kind of protective service agencies for either entities that are in the business of selling clubs and batons to other special police officers and uniformed security guards or for entities that have hired you to work as a special peace enforcer, then you cannot be found guilty of possessing a weapon.
- You have a permit for the weapon.
The California Department of Justice may issue some people a permit to carry certain weapons, including those listed under CA Penal Code 22210 possession of a baton. For example, if you have been granted legal permission to possess a baton in your workplace, then you may have certain exemptions from being convicted of violating a crime. Consult with your attorney to find out what is considered legal consent.
- Police Misconduct
Entrapment: If you can prove that you only engaged in the illegal activity because the police initiated the criminal conduct and persuaded, lured, coerced, or “tricked” you into doing so, then this is a serious and valid issue that your attorney can use to defend your case.
For example: An undercover police officer approaches you about buying a baton. You deny him, telling him that you don’t own any for sale and that you have no idea where to even buy one because it is illegal. He tells you that he’s willing to give you whatever you want if you can find him one, and you still tell him “no.” However, he begs you and will not take “no” for an answer, threatening you that he will do all that he can to take you and your business down, continuing to bother you and disrupt your peace and/or business affiliation every subsequent day. Finally, you give in and tell him that you will sell one to him.
Violation: If you can prove that the police “planted” the weapon into your possession and subsequently found it “on” you, discovered the weapon via illegal search-and-seizure, threatened or forced you into confession, or simply failed to uphold your civil rights, then your attorney may request the court to override the alleged crime in favor of dismissing your charges.
If you or a loved one is being charged with violating CA Penal Code 22210 for Possession of a Baton , we invite you to contact us immediately for a free case review. Schedule an appointment to meet with us in person, or feel free to submit an evaluation online and we will get in contact with you ASAP.
We can provide a free consultation in our office located in Century City, or by phone. Our experienced and assiduous Los Angeles Criminal Defense Attorneys will be sure to fight until the end to reduce or drop your charges completely.
Call Us for a FREE Case Review: 310-274-6529
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