Weapons, Guns, Firearms Possession of switchblade

[pinggoy]

My son was caught speeding at 100+ MPH and the cop searched him. He had on him a butterfly knife and was asked why he had it and my son responded with to protect myself.
Is this a felony or a misdemeanor? This is not his first offense. He was caught for shoplifting about 6 months ago. What can I expect to happen to him?

 

[ibis]

What state are you in?

I don't think knive afficionados would consider a butterfly a switchblade. A butterfly opens with a flick of the wrist rather than a push button or lever.

Most states consider a butterfly knife a dangerous weapon (usually doubled bladed and too long). Theoretically it could be a concealed weapon. Whether its single or double bladed might make a difference. The fact that he never used it in a threatening manner could also influence things. What he given a ticket wor was he charged with anything (like reckless endangerment) at teh time of the ticket? We'd also need to know what state your son was in at the time to find out if it illegal and its its a misdemeanor or a felony.

Ibis

 

[pinggoy]

L.A. California

I don't think knive afficionados would consider a butterfly a switchblade. A butterfly opens with a flick of the wrist rather than a push button or lever.

Most states consider a butterfly knife a dangerous weapon (usually doubled bladed and too long). Theoretically it could be a concealed weapon. Whether its single or double bladed might make a difference. The fact that he never used it in a threatening manner could also influence things. What he given a ticket wor was he charged with anything (like reckless endangerment) at teh time of the ticket? We'd also need to know what state your son was in at the time to find out if it illegal and its its a misdemeanor or a felony.

Ibis

Hello,

Thank you so much for the reply. I have been very stressed over this whole thing. I guess I didnt give enough info. The arrest happened in Los Angeles California. The weapon was single edge. He received two citations, one for speeding with a speed of over 100 MPH and the other was for the possesion of a gravity knife. He was arrested due to the knnife possession and I got him out on bail. We received a notice that there has been charges filed by the attorney's office and scheduled to be arraigned on July 17, 2006. The notice said it was for the possession of a switchblade. I dont think they have a category for the butterfly knife. Do I need to get a lawyer or should I make a determination after the arraignement. I assume that the knife possession is worse than the speeding, but I'm not sure. My thought was to get him a lawyer if it was a felony and just a district attorney if its a misdemeanor. I am very new to this and have no experience with the courts. I am very scared about the whole situation and dont really know what I should do.

He initially got stopped due to the exssesive speed and in the process, he was told to get out of the car and was searched. It was then that the cop found the butterfly knife. When he was asked why he had it, he responded "for protection". He is only 19 years old. I dont know if the cop wrote down his response, but I would think so. He does not have any other violent record but he does have a petty theft record about 6 months ago.

I would really appreciate any assistance with this matter. I dont know what to expect and its driving crazy. I wish I had enough money to just get him the best lawyer but thats not the case. However, I want to make sure I do what I have to do to help my son.

Thanks.

 

[calalily]

Lawyer

Consult a lawyer. Especially if you feel the charges are worng as they are saying switch blade not single edged butterfly. You want that cleared up. Also try and checlk your state laws on line and see what they are in relation to the charges.

 

[adomir]

Is the search an issue, legally?

 

[calalily]

Not Illegal

Pat downs are not illegal, because police are allowed to check (by patting down) to see if the person is armed and could be a danger to them (the police). I am only suggesting you seek legal advise because he is charged with a switchblade and not a knife in general. You can go on-line and google your state laws on knives maybe and get an idea of what they are. Sometimes our children don't tell us the whole story, so make sure you get a copy of the police report. You don't want to leave it chance though...you need to consult with a lawyer. I don't think you stated the age of your son, if you did I missed it.