Recently, a state appellate court issued a written opinion in a Virginia weapons offense case, requiring the court to determine if a knife counts as a “weapon” under the language of Virginia Code section 18.2-308(A). Ultimately, the court concluded that a knife falls within the category of prohibited items, affirming the defendant’s conviction.
The Facts of the Case
According to the court’s opinion, a young boy was playing football near the defendant’s car. At some point, the boy nearly hit the car with the football. The defendant got upset, and told the boy, “hit my car again and see what happens.” The defendant left, returning with a metal knuckle knife. Initially, the defendant held the knife at his side, but raised it as he approached the boy. The defendant then lifted the boy up and pretended to stab him in the chest and stomach before putting the boy down.
Police later arrested the defendant, confiscating the knife. However, when the arresting officer seized the knuckle knife, he did not know that it was a knife, thinking it was a pair of brass knuckles. At trial, the defendant moved to strike the indictment, arguing that a knuckle knife was not included among the prohibited items in section 18.2-308(A).