CR 4-101: Dangerous Weapon Possession

There are two distinct offenses under Maryland under Criminal Law Section 4-101. The first is carrying a concealed dangerous weapon under CR 4-101(c)(1). This section requires the State to prove that the defendant wore or carried a dangerous weapon and second that the weapon was concealed on or about the defendant. A per se dangerous weapon is defined as knife (not including a pen knife), razor or brass knuckles. Per se simply means these items are automatically prohibited under the statute. There are infinite items that the State can argue are dangerous weapons under the law, but this would be up for the judge or jury to decide. An example could be any metal object, baseball bat or tool such as a hammer or screwdriver. When dealing with non per se weapons the State must also prove the defendant had the intent to carry the object for its use as a weapon and that it was dangerous under the circumstances. Criminal law 4-101 also includes openly carrying a dangerous weapon, but if this section is charged the State must also prove that the defendant openly carried the weapon with the intent to injure another person. This section is often charged in domestic violence and/or assault cases when the defendant picks up a kitchen object or another household object such as a lamp or glass bottle.
If a person is involved in an argument and picks up a kitchen knife he or she will likely be charged with assault and dangerous weapon with intent to injure. Another common scenario where these charges apply are during vehicle searches or searches incident to arrest when police find a knife or metal knuckles.
Wearing, transporting or carrying a handgun under Criminal Law Section 4-203 is a separate offense, and guns are not considered dangerous weapons for the purpose of the statute. Anyone charged with this offense faces a harsher maximum penalty and the potential for mandatory jail time if the handgun is displayed or used in an assault. Maryland Criminal Law Section 4-102 prohibits carrying or displaying a weapon of any kind on school property. Under this statute the State is not required to prove intent to injure.
For objects other than knives and metal knuckles, it may be a strong defense to argue that the State did not establish the existence of a dangerous weapon under the statute. The law gives prosecutors wide latitude to determine what a weapon is, but ultimately it would be up to a judge or jury to decide if the State’s interpretation of a weapon is valid. For non per se objects the State would also need to prove the defendant wore the item with the intent to use it as a weapon. A judge or jury may not be persuaded as to intent if the defendant did not use or reference the object in a threatening manner.
Dangerous weapon charges carry up to 3 years in prison and a $1,000 fine upon conviction. The statute calls for the maximum penalty if the weapon was carried with the purpose to injure or kill another person, but this is not a traditional mandatory minimum law. As a result, the sentence may be suspended.
Most people are not aware what exactly constitutes a weapon. For this reason, defendants charged with carrying a concealed weapon or openly carrying a weapon with intent to injure are often unaware they are breaking the law. Benjamin Herbst is an experienced Maryland weapon crimes lawyer who specializes concealed or open dangerous weapon charges under 4-101. Contact criminal defense lawyer Benjamin Herbst anytime for a free consultation about your adult or juvenile dangerous weapon case.