PC §205 - GENERALLY PROHIBITED WEAPONS VIOLATION
CLASS C FELONY
(a) Definition
Possession or use of prohibited weapons is defined as the unlawful possession, manufacture, distribution, sale, or use of any weapon that is prohibited by law, including but not limited to firearms, explosives, destructive devices, and other dangerous weapons.
Examples of Prohibited Weapons
Firearms with prohibited features or modifications, such as fully automatic firearms, short-barreled rifles or shotguns, or certain types of assault weapons.
Destructive devices, such as rockets, missiles, or large-caliber firearms capable of firing explosive rounds.
Dangerous weapons, such as brass knuckles, switchblades, or other items designed for use in causing harm to others.
(b) Elements of the Offense
To prove possession or use of prohibited weapons, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant possessed, manufactured, distributed, sold, or used a weapon.
The weapon is prohibited by law.
The possession, manufacture, distribution, sale, or use was without legal authorization or justification.
(c) Defenses
Defenses to a charge of possession or use of prohibited weapons may include, but are not limited to:
Legal authorization: The defendant possessed, manufactured, distributed, sold, or used the weapon with legal authorization, such as for law enforcement, military, or sporting purposes.
Mistaken identity: The defendant was not the person who possessed, manufactured, distributed, sold, or used the prohibited weapon.
Lack of knowledge: The defendant did not know or have reason to know that the weapon was prohibited by law.
Necessity: The possession, manufacture, distribution, sale, or use of the weapon was necessary to prevent imminent harm to oneself or others.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
480 SECONDS OF JAIL TIME.
BOND SET
$400,000.00
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