Last Updated on December 3, 2024
Those sentenced to jail and prison are subject to many additional rules not applicable to those outside, particularly when it comes to what they are permitted to have in their possession. These rules can apply to things like cellphones or alcohol, but the most serious form of contraband in prison are weapons. If you or a loved one has been accused of possessing a weapon while incarcerated in a California, you’ll be charged with violating Penal Code 4502 (PC). Anyone accused of this crime will need a skilled weapons defense lawyer like Peter M. Liss to help them fight the charges.
4502 (PC): Possessing a Weapon in a Penal Institution
While many rules detailing what prisoners may possess in prison or jail are intended primarily as punitive measures, inmates are prohibited from having a weapon because this makes the penal institution less safe for prisoners and guards alike. That being said, prisons and jails (particularly the penal institutions in San Diego, where weapons seizures have doubled in the last five years) can be violent places, which is why weapons are so common in these places. In fact, some prisoners obtain weapons not because they want to do something violent, like escape, but because they are worried they must protect themselves from others.
Some of the most common weapons inmates have been discovered with include:
- shivs made from sharpened sticks, toothbrushes, or other objects
- socks filled with locks, soap, or other heavy items
- slingshots
- can lids used to slice people
Notably, “while it is also illegal for an arrestee to bring a weapon into the jail,” explains attorney Peter Liss, “it is rare since they are searched prior to being booked into jail. It is more common for drugs to be brought into the jail by a new inmate.”
Regardless of the type of weapon, those accused of manufacturing or possessing such an item in a penal institution can be charged with violating California penal code 4502 (PC).
Penalties for Violating 4502 (PC)
If you’re accused of having a weapon in a penal institution, you will face felony charges. The penalties could be as high as 4 additional years in prison for possessing the weapon or 3 additional years for manufacturing one.
Fortunately, probation is always an alternative, which is beneficial because this can help you get out of prison or jail faster. “I frequently find that the best option for my clients in these cases is to negotiate a plea bargain that may give them additional time on probation but help them avoid further time behind bars,” says Liss.
Many people charged with this crime will also face charges related to carrying a concealed dirk or dagger. This charge could result in up to another 3 years in prison, though it could be charged as a misdemeanor punishable by one year in jail. In both cases, probation can be given in place of further time behind bars.
Defenses to Weapon Possession Behind Bars
If you’ve been accused of violating 4502 (PC), you can fight the charges with a skilled criminal attorney at your side. Common defenses include acting in self defense, not being in possession of the weapon or not knowing about it. “If I was fighting charges after a client was caught with a weapon during a fight, I would likely argue that my client only possessed the weapon for purposes of self defense if possible,” explains Liss. “Self defense is a strong defense to many weapon and violent crimes charges both in and out of prison, but it only applies when someone is facing an immediate, credible threat —so you can’t use it if you were caught weith a weapon in your cell as a precaution against a percieved future attack.” You must also only use as much force as reasonably necessary in repelling the assault.
While a weapon does not need to be in your actual possession for you to be charged with this crime, it does need to be under your control. In other words, if it belongs to your cell mate, you shouldn’t be convicted.
Lastly, you must be aware that you were in possession of a weapon, meaning you must have known that the item was in your possession. So, if a guard or other inmate planted the item in your control, this is a valid defense against the charges —if there’s any evidence to backup that claim. Similarly, if you willingly took an object from another inmate in your penal institution, but didn’t know that it could be considered a weapon, this could be a defense as well. For example, if someone gave you a crucifix, but you didn’t know that it could be opened to reveal a knife, you didn’t violate the law.
If you or a loved one has been accused of 4502 (PC), you can still fight the charges even from prison or jail. “Please call my offices today at (760) 643-4050 to schedule a initial consultation to discuss the best defense strategy for your case,” says Liss.
