Legal Question in Criminal Law in California
Hello I would like to know if a person was arrested for having brass knuckles is it consider a misdemeanor or a felony and what would be the punishment for it and is it something that can be ex sponged off a person's record?
2 Answers from Attorneys
It is what is known as a "wobbler." That means it can be charged as either a felony or a misdemeanor. It carries a maximum sentence of a year in either jail or state prison. If a person is charge with a felony that was a wobbler, they can ask that it be reduced later to a misdemeanor. Once it is reduced to a misdemeanor, it can be expunged.
Depends on how the DA filed it. It could be either. Felony means prison time potential, misdemeanor means jail. Plea bargaining or a trial will determine the outcome. If serious about hiring counsel to represent you, feel free to contact me.
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