How likely is a felony charge to stick for a first offense of possessing brass knuckles?

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How likely is a felony charge to stick for a first offense of possessing brass knuckles?

My son was stopped for speeding. We live in a semi-rural community. The skunk population almost equals the human population. There is a skunk that frequents our yard and my son’s car. Needless to say the officer thought the smell was marijuana. He searched my son’s car. One of my son’s friends had a pair of brass knuckles that he left in the car. The officer (whom we know personally) arrested my son. My son does not have criminal record. He doesn’t even have a speeding ticket. What are the chances that he will have a felony record because of this?

Asked on May 5, 2009 under Criminal Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Brass knuckles are an illegal weapon, under California Penal Code section 12020. Your son had them in his car, and he needs an attorney. If you need to find a lawyer, you can do that at http://attorneypages.com

I'm not enough of a city slicker to believe that anyone who lives where there are any skunks at all would have trouble telling the difference in smell, between pot and a polecat, and certainly not a local police officer in a town like yours. It sounds to me like there is more to this story than you have been told so far.


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