Client Was Caught With Brass Knuckles – What’s the Law?

Getting caught with brass knuckles in Michigan can lead to serious legal trouble. While some states have more lenient laws, Michigan takes a strict stance on these types of weapons. If you or someone you know faces charges involving brass knuckles, understanding the law is crucial.

Laws Regarding Brass Knuckles in Michigan

In Michigan, brass knuckles are considered dangerous weapons, and their possession, manufacture, or sale is generally prohibited. The relevant statutes are found within the Michigan Penal Code.

• Michigan Compiled Laws (MCL) 750.224 – Dangerous Weapons; Manufacturing, Selling, Possessing: This section of the law prohibits the manufacture, sale, offering for sale, or possession of a variety of dangerous weapons, and specifically lists “metallic knuckles” (which include brass knuckles) as one such prohibited item.

• Penalties for Possession: Violating MCL 750.224 is a felony offense. A conviction can result in imprisonment for up to 5 years and/or a fine of up to $2,500. (MCL 750.224)

• Concealed Weapons: Even if not explicitly mentioned in MCL 750.224, carrying brass knuckles concealed on your person or in a vehicle can also lead to charges under Michigan’s concealed weapon laws. MCL 750.227 – Concealed Weapons; Carrying; Penalty: This law prohibits carrying certain dangerous weapons concealed without a license. While often associated with pistols, it broadly covers “any other dangerous weapon.” A violation of MCL 750.227 is a felony, punishable by imprisonment for up to 5 years, or a fine of up to $2,500, or both. (MCL 750.227)

• Intent to Unlawfully Use: Michigan law also addresses carrying a weapon with the intent to use it unlawfully against another person. MCL 750.226 – Carrying with Unlawful Intent: This law states that a person shall not “with intent to use the same unlawfully against the person of another, go armed with a pistol or other firearm… or any other dangerous or deadly weapon or instrument.” This is a felony, punishable by up to 5 years in prison or a fine of up to $2,500. (MCL 750.226)

Oversized Jewelry as a Weapon

Oversized Jewelry as a Weapon: While Michigan law doesn’t specifically name “oversized jewelry” as a prohibited weapon, there are two key ways such an item could lead to charges:

• Resemblance to Brass Knuckles (MCL 750.224): Legal interpretations suggest that if an item of jewelry is designed or functions in a way that resembles brass knuckles, it could be considered “metallic knuckles” under MCL 750.224. This means even if it’s marketed as jewelry, its form or potential use as a weapon could make its possession illegal.

In Michigan, MCL 750.224 criminalizes the possession, manufacture, or sale of “metallic knuckles”. This section specifically includes devices like blackjack, slungshot, billy, metallic knuckles, sand club, sand bag, and bludgeon. The key point is that even items that resemble brass knuckles, such as jewelry, handbags, or belt buckles, are included in this prohibition.

Elaboration:
This specific subsection of the Michigan Penal Code defines and prohibits the possession, manufacture, or sale of certain weapons.

Metallic Knuckles:
The term “metallic knuckles” directly encompasses brass knuckles, which are known for their ability to concentrate force on a punch and cause increased tissue damage.

Resemblance:
The law’s wording extends the ban to items that resemble metallic knuckles, even if they are not exactly the same. This means that even items like jewelry, handbags, or belt buckles could be considered illegal if they visually mimic the shape and function of brass knuckles.

Consequences:
Violating (MCL 750.224) is a felony in Michigan, punishable by imprisonment for up to five years, a fine of up to $2,500, or both.

FAQs About Brass Knuckles in Michigan

What exactly are “metallic knuckles” under Michigan law?

“Metallic knuckles” is the legal term used in Michigan to describe what are commonly known as brass knuckles. This includes any device worn on the hand to increase the impact of a punch, typically made of metal.

Can I claim self-defense if I used brass knuckles?

While self-defense is a legal argument in certain assault cases, simply possessing brass knuckles is generally illegal in Michigan. Using a prohibited weapon, even in self-defense, can complicate your legal situation and potentially lead to additional charges.

What should I do if I’m charged with possessing brass knuckles?

If you are charged with possessing brass knuckles, it is crucial to seek legal counsel immediately. An experienced attorney can review the specifics of your case, explain your rights, and develop the best defense strategy.

Komorn Law, established in 1993, has the experience and expertise to fight your case in a court of law. So when you’re ready to hire a lawyer who steps in the ring to fight, call our office at (248) 357-2550.

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (248) 858-0344
• Address: 1200 N Telegraph Rd, Department 404, Pontiac, MI 48341-0404
• Website: Oakland County 6th Judicial Circuit Court

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (586) 469-5150
• Address: 40 N. Main Street, Mt. Clemens, MI 48043
• Website: Macomb County 16th Judicial Circuit Court

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

• Telephone Number (Civil/Family): (313) 224-5510
• Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
• Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
• Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
• Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (616) 632-5220
• Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
• Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

• Telephone Number: (231) 922-4701
• Address: 328 Washington Street, Suite 300, Traverse City, MI 49684
• Website: Traverse City 13h Circuit Court

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (734) 240-7020
• Address: 106 E First Street, Monroe, MI 48161
• Website: Monroe County 38th Circuit Court