Experienced defence solicitors for possession of a bladed article charges
Possession of a bladed article in public or possession of an offensive weapon is a criminal offence that can result in a prison sentence of up to four years. There is also an aggravated offence of threatening someone with a blade, a point or an offensive weapon.
If you have been arrested and there is a risk that you may be charged with possession of a bladed article, you are advised to speak to an expert criminal defence solicitor as soon as possible.
At John Donkin Solicitors, our team can step in straightaway to provide you with the representation and guidance you need. We will make sure that you have our advice prior to any police interview under caution and that you do not inadvertently harm your defence.
We will ensure that your rights are observed and that the police do not exceed their authority in dealing with your case. If you are charged, we will establish the strongest possible defence on your behalf. If we are able to show that the case against you lacks evidence or that it has not been handled correctly, we will ask for the charges to be dropped.
We can also advise you on issues such as mitigating factors and the potential reduction in sentence if you are intending to plead guilty.
Our advice is always clear and pragmatic. If your case reaches trial, we will ensure that you are thoroughly prepared and that you are represented by an expert criminal defence advocate.
To speak to one of our expert possession of a bladed article solicitors, call us on 0191 416 2182 (Washington) or 0191 495 2896 (Gateshead) or complete a Free Online Enquiry today.
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Possession Of A Bladed Article In A Public Place
Possession of a bladed article in a public place is an offence under section 139 of the Criminal Justice Act 1998. A bladed article is something with a point or a blade. The blade does not have to be sharp. A folded pocketknife with a blade of three inches or less is exempt, but it is possible that this could constitute an offensive weapon. Having an offensive weapon in a public place is an offence under the Prevention of Crime Act 1953.
Possession Of A Bladed Article Sentencing Guidelines
The sentence for possession of a bladed article will usually be somewhere between a fine and two years and six months imprisonment, depending on a range of factors. The maximum sentence is four years. This range also applies to the sentence for having an offensive weapon in a public place.
When determining the level of sentence, the court will look at culpability and the risk of harm.
Culpability is generally high if there is a bladed article involved. There may be increased culpability if the offence is motivated by hostility based on characteristics such as race, religion or sexual orientation.
Harm that is caused or the level of risk of harm will be assessed by looking at whether the offence was committed at a school or other place where vulnerable individuals are present, in a prison or where there is a risk of serious disorder. The level of alarm or distress caused will also be considered.
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The court will also take into account any aggravating or mitigating factors. Aggravating factors include:
- Previous convictions
- Being on bail
- Offence committed as part of a group
- Offence committed while under the influence of alcohol or drugs
- Attempts to conceal identity
Mitigating factors include:
- No previous convictions or no recent relevant convictions
- Good character and exemplary conduct
- Age or lack of maturity
- Mental disorder or learning disability
- Sole or primary caregiver for dependent relatives
- Co-operation with the police
A reduction in sentence is generally available for a guilty plea. This size of the reduction will depend on how early in the proceedings the plea is made.
The court also has the option to impose a fine and a community order.
Contact Our Gateshead And Washington Possession Of A Bladed Article Solicitors
If you are facing an investigation or charges in respect of possession of a bladed article or having an offensive weapon in a public place, our expert criminal defence team can give you the advice and representation you need. We have many years of experience in dealing with these types of charges and a proven track record of ensuring our clients have the strongest possible defence.
To speak to one of our expert possession of a bladed article lawyers, call us on 0191 416 2182 (Washington) or 0191 495 2896 (Gateshead) or complete a Free Online Enquiry today.
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