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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I have been charged with felony possesion of a spring loaded

Customer Question

I have been charged with felony possesion of a spring loaded baton under 12020(a)1 PC. No where in this penal code is "spring loaded baton" used or discribed. HOW CAN I BE ARRESTED, POSTED BAIL AND CONTINUE TO GO TO COURT FOR THIS?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.

hi

 

it falls under the definition of a "blackjack" which is listed in the statute you cite. in the CA code Section 7500.01 it states the following

 

(h) "Deadly weapon" means and includes any instrument or weapon of
the kind commonly known as a blackjack, slungshot, billy, sandclub,
sandbag, metal knuckles, dirk, dagger, pistol, or revolver, or any
other firearm, any knife having a blade longer than five inches, any
razor with an unguarded blade, and any metal pipe or bar used or
intended to be used as a club.

 

Samuel II and other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
A blackjack is NOT a spring loaded baton. It is a spring with a weight on the end wrapped in leather. A spring loaded baton when used slides out going from (usually) 8 in. compressed, to 24 in. extended. The spring forces the metal housing to its filly extended length. A blackjack is not a baton, nor is it a spring loaded baton, it is simply a flexible leather wrapped spring with a weighted end. A spring laoded baton is 3 metal tubes, one within the other, with a spring to extend the metal tubes, forming a baton.
Once again, how the 12020 (a)1 PC is utilized for this charge, undefined and unclear, makes me believe that the authorities are "creative" in this charges.
12020 pc is clear on the various weapons listed, and the fact is a "blackjack" is nothing like a baton. A baton can be used to control a person without having to hit them. A blackjack is for hitting a person. They are totally different tools.
The fact that you quote another code which DOES NOT EVEN HAVE BATON IN ITS WORDING, has me question where you came up with this answer.

If you would like to contact me directly, my email [email protected]

)

A blackjack is a small, easily-concealed weapon consisting of a leather-wrapped lead weight attached to the end of a leather-wrapped coil-spring.

I am a martial arts instructor, and find it difficult to believe that these two instruments can be confused as similiar. They are not.
Customer: replied 8 years ago.
A blackjack is NOT a spring loaded baton. It is a spring with a weight on the end wrapped in leather. A spring loaded baton when used slides out going from (usually) 8 in. compressed, to 24 in. extended. The spring forces the metal housing to its filly extended length. A blackjack is not a baton, nor is it a spring loaded baton, it is simply a flexible leather wrapped spring with a weighted end. A spring laoded baton is 3 metal tubes, one within the other, with a spring to extend the metal tubes, forming a baton.
Once again, how the 12020 (a)1 PC is utilized for this charge, undefined and unclear, makes me believe that the authorities are "creative" in this charges.
12020 pc is clear on the various weapons listed, and the fact is a "blackjack" is nothing like a baton. A baton can be used to control a person without having to hit them. A blackjack is for hitting a person. They are totally different tools.
The fact that you quote another code which DOES NOT EVEN HAVE BATON IN ITS WORDING, has me question where you came up with this answer.

If you would like to contact me directly, my email [email protected]

)

A blackjack is a small, easily-concealed weapon consisting of a leather-wrapped lead weight attached to the end of a leather-wrapped coil-spring.

I am a martial arts instructor, and find it difficult to believe that these two instruments can be confused as similiar. They are not.










Expert:  Samuel II replied 8 years ago.

hi

 

under the law there is a section for definitions - for which other sections of law rely. that is what i provided to show you what the basis of the ticket is -

 

if you can explain that the definition of a blackjack is not the same as that of a spring loaded baton - then you will be successful in your defense against the ticket.