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Frankie did have a legitimate reason for having a duffle bag full of swords with him. He was also not intending on being on school grounds for long, as he was just driving through. The officer never revealed what his probable cause was for pulling Frankie over.
For instance, Stan neglected to remove the hunting knife strapped to his thigh before entering a school building to pick up his kids. When the school’s peace officer attempted to stop him, Stan shoved him aside and exited.
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This crime is considered a wobbler in California. This means, depending on the circumstances of the case and your criminal history, it could be charged as either a misdemeanor or a felony.
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Attorney Yum is a highly respected criminal defense lawyer who will aggressively fight for your rights. As a former prosecutor, she understands how quickly the law can move to build a strong case against you. Call us for help, today.
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It’s common for someone to face multiple offenses, especially if the charges are so closely related. If this is the case, you should find a criminal defense attorney as soon as you can. The prosecution works hard to build a case and pursue a conviction. A top-notch criminal defense lawyer will know how to fight for the best possible outcome.
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It will also have a drastic effect on how law enforcement treats you. Regardless of whether it’s a misdemeanor or felony, if a weapons offense is listed, law enforcement will use extra caution when interacting with you. That is why it is highly recommended you find a defense attorney who fully understands this statute. For a better understanding of this law, let’s take a look at how California defines it.
California takes violence in schools seriously and generally has a zero-tolerance policy. This includes cases of carrying unauthorized weapons onto school grounds. If you are facing charges for carrying weapons on school grounds, one of your top priorities should be to seek the help of an expert criminal defense attorney. Having a criminal record will negatively impact your future employment and housing choices. An offense involving a combination of schools and weapons could potentially affect any academic goals you might have.
There is personnel who are exempt from persecution under this law. Peace officers, people who are assisting peace officers, and members of the military who are carrying out their official duties are excluded from this statute.
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Dani, for example, practiced using weapons in her self-defense course at the city college. She wanted to learn how to use twin daggers and brought them with her to the public park located just off-campus. A student reported Dani for carrying daggers on school grounds and police officers charged her with PC 626.10(a)(1).
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California outlines weapons on school grounds under Penal Code 626.10(a)(1). This law prohibits the possession of certain weapons while on school grounds. This crime is committed when:
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There are legal defenses that can be used to fight PC 626.10(a)(1) accusations. With the help of an experienced criminal defense attorney, these allegations can be challenged which will possibly get the charges reduced. It all depends on the details of your case, your criminal background history, and a legitimate defense.
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Are you or someone you love facing charges for carrying weapons on school grounds and/or any of the aforementioned offenses? If so and you are located in San Diego, Los Angeles, or Orange County contact the Law Offices of Anna R. Yum as soon as you can.
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To Dani’s relief, her criminal defense lawyer was able to challenge the charges. Although Dani was in possession of daggers while out in public, she was not on school grounds at the time she was using them and would not be guilty of this particular offense.
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Police officers must have probable cause to stop and search you. If they lack any reasonable cause to investigate you in the first place, then the criminal evidence they find could be considered inadmissible in court. This could get the charges reduced or even dismissed.
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There is a list of examples that can lead to charges for PC 626.10(a)(1), weapons on school grounds. Here are just a few short examples to illustrate how possible it would be to face this offense.
Charlie, for instance, had his small work knife with him when he was picking up his little brother from elementary school. The knife was poking out of his pocket and his little brother got a hold of it and ran away. There were a couple of police officers outside the school that took notice and stopped them. Charlie tried to explain it was just a tool he used for cutting through packaging material at work. They still arrested him and charged him with PC 626.10(a)(1), weapons on school grounds and threatened him with a child endangerment offense, PC 273(a).
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For instance, Frankie was driving home and had to drive through a school zone. He slowed down and followed the speed limit but was soon pulled over. He runs a pawn shop and the back seat of his car had a duffle bag of swords on it. Before the officer could explain why Frankie was pulled over he noticed the duffle bag had a few sharp blades protruding from it. The officer charged Frankie with possessing weapons on school grounds.
Stan would face charges for PC 626.10(a)(1) weapons on school grounds as well as PC 240, assault for aggressively shoving the peace office. He will face charges for bringing a knife with a blade longer than 2.5 inches into a school building. Stan will also face penalties for assault, which includes up to six months in county jail and/or a fine of up to one thousand dollars.
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Fortunately, Charlie’s criminal defense lawyer was able to challenge these charges. Charlie was not guilty of child endangerment, especially when questioning the little brother’s account of things. Also, he cannot be guilty of weapons on school grounds if the weapon was not considered a prohibited weapon. Knives that are at least 2.5 inches or longer are on the list. His work knife was only three-quarters of an inch. The charges were dismissed when these facts were presented.
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This statute has a specific list of unauthorized weapons on school grounds. If the weapon in question is not on this list and is not considered prohibited, you should not face charges for PC 626.10(a)(1).
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Any situation involving weapons and school or university property has a zero-tolerance approach in California. With violence in schools making headlines on a regular basis, it’s no wonder the law has strict consequences. However, for the prosecution to get a conviction for PC 626(a)(1) weapons on school grounds, they must first prove the facts of the case. These factors are referred to as the:
Although he did possess these weapons he did not intend on bringing them onto school grounds. His criminal defense lawyer was successfully able to fight the charges. Not only did he have a legitimate explanation for having the swords, but the lawyer also pointed out the officer had no reasonable or probable cause for stopping Frankie in the first place.
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California’s gun-free school zone act was implemented in 1995. This act prohibited the possession or discharge of a firearm while in school zones. A school zone is considered being within one thousand feet of a public or private school, college, or university.
It’s important to note, even if the defendant did not know they were committing a crime it does not exclude them from the consequences. You can still be charged for PC 626.10(a)(1) when you had no intention of using the weapon. Guilt is a matter of two simple factors, possessing a prohibited weapon and bringing it onto school grounds.
It’s a crime to carry a concealed dirk, dagger, or knife that can be used as a stabbing instrument that can cause great bodily injury or death.
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