Section 186(a) of the Penal Law states unequivocally:
What does the law provide?
Section 186(a) of the Penal Law states unequivocally:
"A person who possesses brass knuckles or a knife outside the bounds of his home or yard, and has not proved that he possessed them for a lawful purpose, is liable to five years' imprisonment."
This is a serious felony offense that the courts do not treat lightly. The Supreme Court called the phenomenon a "knife subculture" and held in CrimA 6910/09 Hadra v. State of Israel that "knife culture is a culture toward which no tolerance can be shown," delivering a clear message: taking a knife means taking a risk, in the form of harsher punishment.
Is it permitted to possess a knife for self-defense?
No. This is one of the most common mistakes. Self-defense does not constitute a lawful purpose for possessing a knife outside the home, under any circumstances. Anyone caught with a knife on the street who explains to the police officer that he is carrying it "in case he is attacked" incriminates himself. In most cases, the prosecuting authorities file an indictment regardless of the suspect's claims.
What is a "lawful purpose"?
The law establishes a reverse presumption: anyone who possesses a knife outside his home is presumed to have done so for an unlawful purpose. The burden is on him to prove a lawful purpose on the balance of probabilities standard (over 51%). The classic example: a tradesman carrying a toolbox containing a knife used for his work may provide a sufficient explanation. Improvised excuses thought up "on the way" will not succeed.
What is the status of a pocketknife?
Section 184 of the law defines a pocketknife as a folding knife whose blade length does not exceed 10 centimeters and cannot be turned into a fixed-blade knife. Possession of a pocketknife enjoys a presumption of lawfulness, meaning the default is that its possession is permitted, and the police must prove otherwise.
However, even a pocketknife may not be possessed in places listed in the schedule to the law: educational institutions, restaurants, pubs, entertainment clubs, stadiums, and more. Equally important: even when carrying a pocketknife, do not present it in any way as a tool for self-defense, because that will make its possession prohibited.
Police questioning: what should you do?
Iron rule: do not say anything before consulting a criminal defense lawyer. Even things said to a police officer at the time of detention are documented and used as evidence. Police investigators are skilled in techniques designed to get the person being questioned to talk: "Just say you possessed a knife and I'll close your case" is not a promise, it is an interrogation tactic. The police investigator, however nice he may be, is not your friend. His interest is contrary to your interest.
Advice before questioning is the most worthwhile investment in any criminal case; at times it is what prevents an indictment altogether.
An indictment for knife possession: what do you do?
Received an indictment? There is no time to waste. It may be possible to act to have the indictment dismissed, amended to a lesser offense, or resolved through a lenient plea arrangement, but each of these options requires early representation and a calculated strategy. Years of experience in the Tel Aviv District Attorney's Office teach exactly at what stage influence is possible and how.
Legal representation in knife possession cases
Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents suspects and defendants in weapons and knife offenses. The courts are severe in this offense and show no mercy, so the defense must also be sharp and precise. Contact us for an initial consultation without obligation before giving a statement.
What does the law provide?
Section 186(a) of the Penal Law states unequivocally: "A person who possesses brass knuckles or a knife outside the bounds of his home or yard, and has not proved that he possessed them for a lawful purpose, is liable to five years' imprisonment." This is a serious felony offense that the courts do not treat lightly. The Supreme Court called the phenomenon a "knife subculture" and held in CrimA 6910/09 Hadra v. State of Israel that "knife culture is a culture toward which no tolerance can be shown," delivering a clear message: taking a knife means taking a risk, in the form of harsher punishment.
What is a "lawful purpose"?
The law establishes a reverse presumption: anyone who possesses a knife outside his home is presumed to have done so for an unlawful purpose. The burden is on him to prove a lawful purpose on the balance of probabilities standard (over 51%). The classic example: a tradesman carrying a toolbox containing a knife used for his work may provide a sufficient explanation. Improvised excuses thought up "on the way" will not succeed.
What is the status of a pocketknife?
Section 184 of the law defines a pocketknife as a folding knife whose blade length does not exceed 10 centimeters and cannot be turned into a fixed-blade knife. Possession of a pocketknife enjoys a presumption of lawfulness, meaning the default is that its possession is permitted, and the police must prove otherwise. However, even a pocketknife may not be possessed in places listed in the schedule to the law: educational institutions, restaurants, pubs, entertainment clubs, stadiums, and more. Equally important: even when carrying a pocketknife, do not present it in any way as a tool for self-defense, because that will make its possession prohibited.
An indictment for knife possession: what do you do?
Received an indictment? There is no time to waste. It may be possible to act to have the indictment dismissed, amended to a lesser offense, or resolved through a lenient plea arrangement, but each of these options requires early representation and a calculated strategy. Years of experience in the Tel Aviv District Attorney's Office teach exactly at what stage influence is possible and how.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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