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Were you or your child arrested for possessing prohibited weapons on school grounds in California? Prosecutors take these cases seriously, so you need a serious defense lawyer. At the Law Offices of Justin E. Sterling, we have over 20 years of criminal law experience representing clients in cases ranging from misdemeanors to high-stakes felonies. We have the insight, resources, and skills to build a robust defense strategy for you.
Attorney Justin E. Sterling is an award-winning criminal defense attorney and a native of Los Angeles. With an unmatched dedication to justice and longtime working relationships with Los Angeles County prosecutors, court staff, and judges, he can help you pursue an efficient resolution of your criminal charges. He has tried over 70 cases to verdict across California and has handled cases covered by local and national news outlets like CNN and the Associated Press.
Contact us today for a free initial case review to learn how our proven criminal defense lawyer can help you navigate prosecution under Penal Code 626.10.
What Is Penal Code § 626.10 PC?
Penal Code §626.10 is the California School Weapons Law. Under this statute, it is a crime for someone
to bring certain weapons onto school property without authorization. It applies to the grounds of any public or private school providing instruction in kindergarten through the 12th grade and any public or private colleges and universities.
What Counts as a Weapon Under California Law?
Weapons prohibited on school grounds include:
- Dirks
- Daggers
- Ice picks
- Knives with blades longer than 2.5 inches
- Folding knives with blades that lock into place
- Razors with unguarded blades
- Boxcutters
- Tasers
- Stun guns
- BB gun or pellet gun
- Spot marker guns
However, California law recognizes that a person may bring knives, razors, or other bladed weapons onto school grounds for use in a school-sponsored activity or class while acting in the scope of their employment. Such tools are also allowed in a residential facility on school grounds for food preparation or consumption or with the written permission of school officials.
Is Having a Weapon on School Grounds a Misdemeanor or a Felony?
Carrying weapons on school grounds in California is a wobbler offense, meaning prosecutors can charge the case as a misdemeanor or felony depending on the facts of the case. The state examines factors such as the defendant’s criminal record, the public risk created by the offense, and the defendant’s conduct when making its decision.
Penalties for 626.10 PC Violations
Penalties for a conviction under California Penal Code 626.10 depend on whether prosecutors charge the offense as a misdemeanor or a felony. Misdemeanor penalties for weapons on school grounds include up to one year in jail, a fine of up to $1,000, or both jail time and a fine.
Alternatively, a court may sentence a convicted defendant to misdemeanor probation (also known as summary probation or informal probation). Misdemeanor probation can impose various restrictions on a convicted defendant’s behavior, such as refraining from owning/possessing firearms, maintaining employment, and not committing new criminal offenses. However, offenders do not have to report to probation officers or seek permission to travel outside California.
The penalties are steeper for a felony conviction under 626.10. Offenders face up to three years in prison, fines of up to $10,000, or incarceration. However, a court can impose felony probation instead of jail time, which comes with more severe restrictions than summary probation.
Possible Defenses
A person charged with having a weapon on school grounds may have various legal defenses to contest the prosecution’s case, such as:
- The defendant did not possess a prohibited weapon. A defendant may argue that the item seized by police does not fall into any of the categories of banned weapons under Penal Code 626.10. For example, a defendant may prove their knife had a blade length of less than 2.5 inches.
- The defendant is free from prosecution. A person charged with carrying a prohibited weapon onto school grounds may be exempt if they are a police officer, peace officer, military servicemember carrying out their official duties, or a person assisting a police officer with making an arrest.
- The defendant possessed a weapon for a lawful purpose. Defendants may argue they possessed a weapon on school grounds for one of the lawful purposes allowable under the law. For example, a maintenance worker may assert that they had a utility knife they regularly used for job-related tasks.
- The police unlawfully detained and searched the defendant. Someone might argue that the police had no reasonable suspicion or probable cause to stop or search them, so the court should not allow the weapon the police found to be admissible in court.
Why You Need an Experienced Criminal Defense Attorney
California does not take weapons offenses lightly, especially when they occur near children. Getting legal representation is the first step toward protecting your rights and working to clear your good name.
Navigating the criminal justice system can be difficult without an attorney. A criminal lawyer can represent you during questioning by investigators, gather evidence supporting your defense, challenge moves made by the prosecution that would undermine your rights, and identify the most effective defense strategy based on the situation. They can answer any questions you have throughout the process so that you can make informed choices when exploring your legal options.
Contact Our Criminal Defense Law Firm Today
Bringing weapons on school grounds is a serious offense, but don’t lose hope. The Law Offices of Justin E. Sterling can assist you in your time of need.
Experience counts — and that’s what you’ll get when you choose our firm. As a former Los Angeles County Public Defender, Attorney Justin E. Sterling has a two-decade history of representing the accused and helping them maintain their freedom and reputation. He and his in-house investigators work aggressively to build hard-hitting defenses that push for the most favorable outcomes for every client. And because we maintain a limited caseload, you can count on us to have the time and dedication to devote to your case.
