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felony reduce to misdemeanor

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What is the name of your state? ca

i admitted a while back in juvenile court on felony 12020a for selling a pair of brass knuckles to an undercover and have to submit DNA, but now i regret admitting to it becuase i learned that the same offense would be legal or a misdemeanor in all other 49 states. i wonder is there any way i can reduce it persuant to 17B since the offense is a wobbler and take my DNA off the database.
 


JETX

Senior Member
now i regret admitting to it becuase i learned that the same offense would be legal or a misdemeanor in all other 49 states.
And of course, that is NOT relevant... since you did the crime in California.

i wonder is there any way i can reduce it persuant to 17B since the offense is a wobbler and take my DNA off the database.
What did your attorney say when you asked him/her??
 
she said she could try to petition the court to recude it, if they let, isnt a felony for a piece of metal a bit extreme, before 1996, it was a straight misdemeanor in CA.
 

CdwJava

Senior Member
First, brass knuckles are NOT legal in all other 49 states ... but, that's not really relevant anyway.

Second, what the law was in 1996 doesn't matter ... though I'm at a loss to remember when brass knuckles were not a felony ... I may be getting old, but I coulda sworn that I was arresting people for this on felony offenses as far back as 1991 when I was a boot.

In any event, if you got the dough, see if your attorney can chop this down. Unfortunately, it will take time before he or she can even start the process.

NOTE: That possession or sale of metal knuckles has been a "wobbler" (i.e. it can be prosecuted as either a felony OR a misdemeanor) in CA since before 1990 (that is the earliest reference I have been able to find on the subject at the moment).

- Carl
 
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CdwJava

Senior Member
galileo415 said:
isnt a felony for a piece of metal a bit extreme
No.

It is clear you've never seen the damage done by these things. How about a pipe? Or a knife? Maybe a stilleto? These are just pieces of metal, too.

- Carl
 
No.

It is clear you've never seen the damage done by these things. How about a pipe? Or a knife? Maybe a stilleto? These are just pieces of metal, too.

- Carl
virtually anything can be used as a weapon if one intended to use it, i dont see why brass knuckles are so bad, it was intended as novelty purposes, i did not say that brass knuckles are legal in all other 49 states, i said its a misdemeanor or legal but not a felony, its completely legal in states like AZ, OR, and most of the south.

http://search.yahoo.com/search?p=brass+knuckles&fr=yfp-t-501&toggle=1&cop=mss&ei=UTF-8

i dont see anyone cracking down on them
 

CdwJava

Senior Member
They're also misdemeanors in CA, so that makes it all 50 states. Of those states that have them as misdemeanors, they may also be able to be charged as felonies as they are here. The fact that other states don't see them to be serious is irrelevant - as is the fact that YOU see them to be no big deal.

I, like the state legislature and anyone else who has seen the results of these kinds of devices, think otherwise.

- Carl
 
They're also misdemeanors in CA, so that makes it all 50 states. Of those states that have them as misdemeanors, they may also be able to be charged as felonies as they are here. The fact that other states don't see them to be serious is irrelevant - as is the fact that YOU see them to be no big deal.

I, like the state legislature and anyone else who has seen the results of these kinds of devices, think otherwise.

- Carl
look at 12020a, it list items like brass knuckles and sawed off shotguns in the same category, come on, are they equal?

i want to reduce it so i will be able to join the military without a moral waiver, would that persuade the judge to reduce it?
 

CdwJava

Senior Member
galileo415 said:
look at 12020a, it list items like brass knuckles and sawed off shotguns in the same category, come on, are they equal?
Legally? Yes. However, I can find a number of other offenses to pile on top of the 12020 charge for the shotgun ... and that would not likely be filed as a misdemeanor.

If you don't like it, petition the CA state legislature. This site is for the law as it IS, and not concerning the law as it should be.

i want to reduce it so i will be able to join the military without a moral waiver, would that persuade the judge to reduce it?
Possible. But they might want to see the recruitment papers in hand. It wouldn't be the first time that a judge acquiesced to such a request only to find out that the lad in question later replied he had his fingers crossed behind his back.

Oh, and it's 12020(a) (note the parentheses). We don't HAVE a 12020a ... while it doesn't seem like a big deal, there are many sections in CA law that this kind of mistake might make a HUGE difference in the offense!

- Carl
 
Legally? Yes. However, I can find a number of other offenses to pile on top of the 12020 charge for the shotgun ... and that would not likely be filed as a misdemeanor.


- Carl

can you rephrase that, also, can i have my recruiter in the court room to influence the judge? i have a court date on thursday
 

CdwJava

Senior Member
galileo415 said:
can you rephrase that,
Uh ... okay ... in the case of someone found with a sawed off shotgun, there are usually additional offenses that can be charged. Further, a DA is not likely to exercise the option of filing a misdemeanor for someone found in possession of such an altered firearm.

also, can i have my recruiter in the court room to influence the judge? i have a court date on thursday
You can ask anyone you want to come. Whether the judge will let him or her speak is entirely up to them. You should ask your attorney about it.

- Carl
 
yes!!! after the judge learn from my progress report that my PO submitted about me wanting to join military, i asked her if i can have it reduced, the DA said she wud have to talk it over with the deputy DA. i cant wait to go to iraq:):D
 
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