In Oklahoma and Wagoner County, the legality of brass knuckles is a nuanced subject governed by specific state statutes. Brass knuckles, typically classified as a weapon, can have severe legal implications for possession, use, or distribution due to how dangerous they can be. Here, we’ll discuss the different laws as well as some of the potential penalties for a violation.
Legality of Brass Knuckles
In Wagoner County, it is illegal to carry them, whether concealed or openly. This prohibition extends to carrying them on your person, in your vehicle, or in any accessible location. The relevant statutes specifically categorize them as a dangerous weapon.
Under Oklahoma law: “It shall be unlawful for any person to carry upon or about his person, any… brass knuckles… except this section shall not prohibit the proper use of guns and knives for hunting, fishing, educational, or recreational purposes, nor shall this section prohibit the carrying or any use of weapons in a manner otherwise permitted by statute.” This law is strict due to the danger that weapons and their unauthorized use pose to the general public.
Penalties for Violations
The penalties can be severe and include and our criminal defense attorneys can help:
- Misdemeanor Charges: A violation of this law is generally classified as a misdemeanor. Unless there’s and assault and they were used in the now felony assault.
- Fines: Convictions can result in fines, which can vary based on the specifics of the case and the discretion of the court.
- Jail Time: Individuals convicted of carrying brass knuckles may face jail time, depending on the severity of the offense and any prior criminal history. They may also face deferred or suspended sentencing depending on the facts of the case.
Additionally, Oklahoma has specific laws regarding the carrying of firearms and other weapons. It is important to note that possessing brass knuckles can impact an individual’s eligibility to obtain or retain a carry permit for firearms and other legally permissible weapons. Violations might also influence sentencing in cases involving other weapons-related charges.
Exceptions and Legal Defenses
The law does provide certain exceptions for weapons used in specific contexts like hunting, fishing, or educational and recreational purposes. However, these exceptions typically do not apply to brass knuckles.
Luckily, you still have options for legal defenses against the charges. Possible defenses against charges might include:
- Lack of Knowledge: Arguing that the individual was unaware that the item in their possession was classified as brass knuckles.
- Mistaken Identity: Asserting that the accused was not the person in possession.
- Unlawful Search and Seizure: Challenging the manner in which the brass knuckles were discovered, arguing that law enforcement violated constitutional rights during the search.
While these are some defense options, this is not an exhaustive list. By consulting with an attorney, you’ll be able to understand what your best defense option will be based on the specifics of your case.
Wagoner Criminal Defense Attorneys
Brass knuckles are illegal to carry or possess in Oklahoma, classified as a dangerous weapon under state law. Violating this prohibition can result in misdemeanor charges, fines, and possible jail time. While certain defenses might be applicable in specific cases, the general stance of Oklahoma law is strict.
Luckily, our team here at Wagoner County Attorneys is comprised of skilled criminal defense attorneys who can look at your case and provide your best defense options. If you need help, reach out to us at 918-283-7394 or ask a question online.
