Legal Question in Criminal Law in Pennsylvania
Brass Knuckles
My college student's room was searched. The police found brass knuckles in the back of his chest. They are criminally charging him. Is this a felony or misdemeanor? They were not used in any criminal activity. The search was unrelated.
My son has never had any criminal trouble!
2 Answers from Attorneys
Re: Brass Knuckles
What is he being charged with? Why was his room being searched? Both of these questions are very important for me to give you a good answer. Please email me [email protected] or call my office 215.825.5183, and I will be happy to help. Good Luck, Brian.
Re: Brass Knuckles
It sounds to me like police with too much time on their hands.
Brass knuckles are a prohibited offensive weapon in Pennsylvania as are "Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose."
Possession alone of such a device is a misdemeanor of the First Degree. However it is a defense if he
"possessed or dealt with the weapon
solely as a curio" and I think that's probably the case unless I'm missing something here.
Of course, if someone on campus was badly beaten and the police chased your son from the scene back to his dorm room, that is a bit different.
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