It is no more news that Nigerian born Former UFC middleweight champion, Isreal Adesanya, was arrested in New York for being in possession of “Metal Knuckles”, and has been taken into custody.
What is Knuckles and how is its possession an offence in America? This is what this article will treat. The
Knuckles is a band of metal with four holes that fits over the upper fingers and that is gripped when a fist is made, used for increasing the effect of a blow with the fist.
The possession of Metal Knuckle falls under Penal Code 21810 PC – Possession of “Brass Knuckles” especially in California Law.
Under Penal Code 21810 PC, it is illegal in California and some other parts of America to make, import, sell, give, lend, or possess metal knuckles (brass knuckles).
The language of the code section states that any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any metal knuckles is punishable by imprisonment in a county jail not exceeding one year or imprisonment.
Being caught in possession of Knuckles is categorized as a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony.
If charged as a misdemeanor, the crime is punishable by imprisonment in the county jail for up to one year; and/or, a maximum fine of $1,000.
If charged as a felony, the offense is punishable by: imprisonment in a county jail for up to three years; and/or, a maximum fine of $10,000.
How can a person fight these charges in court?
A person accused under Penal Code 21810 can challenge the accusation by raising a legal defense. Three common defenses to the accusations are:
No “brass knuckles”: This means a valid legal defense for an accused to say that while he may have committed an illegal act under PC 21810, he did so with something other than metal knuckles.
Free from prosecution: Certain people are free from prosecution under Penal Code 21810. For example, members of law enforcement agencies may sell, transfer, or possess these weapons. It is a defense, therefore, for a defendant to show that he falls into one of these exempted categories.
No probable cause: The Fourth Amendment to the U.S. Constitution says that police must have probable cause before they can detain or arrest a suspect of a crime. Thus, if a person was stopped or arrested forh violating PC 21810, and there was no probable cause, then any evidence obtained following the improper stop/arrest could get excluded from the case. This could result in the dismissal or reduction in charges.
America is a land of law and justice, we can be sure Isreal Adesanya will be given a fair trial. We can only wish him good luck as he faces the legal battle ahead of him.
© News In Naija
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