One of the less known Violent Crimes is Possession of a Prohibited Offensive Weapon. In Pennsylvania, it is a misdemeanor of the first-degree if a person is found in possession of what is considered an “offensive weapon”, which is defined under title 18 section 908 of the Pa criminal code. Manslaughter This means that if convicted under this statute, a maximum of five years incarcerated maybe imposed. There are a plethora of items that the Commonwealth deem an offensive weapon. These include, but are not limited to metal knuckles, automatic blades including those operated by switch, push button or spring mechanism, and blackjacks which are a type of impact device used for striking. This is an important statute for Pa residents to be aware of because many residents who use a pocket knife in their daily lives, may be in violation of this statute and are not even aware of it. This is because the law has not made a distinction between an automatic knife and what is referred to as an assisted knife.
Violent Crimes such as Possession of a Prohibited Offensive Weapon include items such as assisted knives. Assisted knives, while do use a spring mechanism to deploy the blade, differ from automatic knives in that automatic knives use a push button or switch to engage the spring mechanism and deploy the knife. The assisted knife on the other hand, requires the person to flick a thumb stud or push down a flipper tab that protrudes out from the knife, which engages with the spring mechanism and deploys the blade. Assisted knives are very commonly sold in stores like Wal-Mart and a person unfamiliar with the law can pick one up off the shelf and carry it thinking that they are allowed to do so. assault cases Because of the availability and ease of purchase of assisted knives, it is important that if you find yourself in a situation in which you are charged under this statute that you find good legal representation. A good defense lawyer can help you build your defense and determine whether your rights have been violated in the discovery of what the state defines as an offensive weapon. The attorneys at the Law Offices of Kelly and Conte are experienced defense attorneys who can help you with your legal those needs.