Category Archives: Weapons

When is a deadly weapon not a deadly weapon?

In a recent post, I discussed the various sections of Penal Code section 245.  One of the ways that can be charged is “assault with a deadly weapon.” So what exactly is a deadly weapon? Case law through the years has shaped what can be a “deadly weapon” for this code section.  A deadly weapon […]

Assault with a Deadly Weapon (Penal Code 245) – Orange County Criminal Defense

Penal Code section 245 is generally referred to as “aggravated assault” or assault with a deadly weapon, but there are actually several variations. Penal Code section 245(a)(1) – Assault with a deadly weapon This section covers an assault with a deadly weapon other than a firearm.  Any instrument that is capable of inflicting great bodily […]

California law on brass knuckles (metal knuckles and composite knuckles) – Orange County Criminal Defense

Brass knuckles in California – are they legal?  What if they’re not made out of metal? I’ve been asked by a few people if “brass knuckles” are illegal, even if they’re not made of metal. There used to be a loophole in the law, but it’s now closed. [And this post is now updated with […]

New Year’s Eve & shooting guns

The holiday season brings two things from law enforcement every year: DUI checkpoints and stern warnings with increased patrols focused on people that shoot off guns to celebrate the arrival of the New Year. This year is no different. The Orange County Sheriff’s Department, in conjunction with the Santa Ana Police Department, are holding a […]

What are the laws about knives in California?

Unless you’re asking about carrying a knife in specific areas that are prohibited (schools, courthouses, some governmental offices, etc.), the two laws you need to know are Penal Code sections 12020 and 653k. Penal Code section 12020(a) 21310 (that is the new code section) makes it a felony to carry a “dirk or dagger” concealed […]