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Possession of a prohibited offensive weapon, POW, is a 1st degree misdemeanor and can carry a sentence of up to five years of imprisonment.
The law regarding prohibited offensive weapons is a somewhat counter-intuitive statute. Unaltered firearms never fall within the definition of a POW (and, surprisingly, are legal to carry in many situations) but less dangerous weapons such as brass knuckles and blackjacks often do.
Case law has developed that categorizes different weapons under the statute. Non weapons, such as baseball bats do not fall under the POW statute. Nunchuks and many other weapons used in martial arts are not prohibited under the statute while sword canes and other such items are. Most knives are exempted but knives that open automatically or lock at 90 degree angles are prohibited.
Yet many other weapons remain unclassified by case law and are the subject of litigation. As your defense attorney I will research the law to determine if the item in question falls under an established exemption, if it can be argued that it is not an offensive weapon or if it clearly is and a plea is preferable in your case.
As a criminal defense law firm, We work diligently to find evidence that will support our client's innocence and establish a reasonable doubt that they are guilty of possession of a prohibited offensive weapon. As your defense attorney, we meticulously review police reports and eyewitness statements. We conduct own witness interviews and track down information that can help in obtaining a favorable outcome.
To schedule a free and confidential consultation with a criminal defense attorney regarding your possession of a prohibited offensive weapon charges, contact our office today. .
Madsen Law Offices is located in Easton, Pennsylvania and represents clients throughout the Lehigh Valley, including Allentown, Bethlehem, Easton, Jim Thorpe, Stroudsburg and other outlying areas.