What is Dirk or Dagger and is it legal To Carry One in California?
According to California Penal Code Section 21310 PC, it is illegal to carry a concealed dirk or dagger. California has enacted this law because they feel that concealed weapons are too dangerous for society. This only applies to a concealed dirk or dagger. It is not against the law to open carry such a weapon in a sheath.A dirk or dagger is defined under Penal Code 16470 PC as a:
- A knife or other instrument with or without a hand guard
- Is capable of ready use as a stabbing weapon that may inflict a significant or substantial physical injury or death.
What the Prosecutor Must Prove
In order to obtain a conviction, the prosecution must be able to prove that a defendant is guilty of the following.- The defendant had possession of a dirk or dagger
- The defendant knew that he or she was carrying it
- The dirk or dagger was concealed on the defendant’s body and the defendant knew it could readily be used as a stabbing weapon
Possible Consequences
If someone charged with carrying a concealed dirk or dagger it is known as a “wobbler”. This means that, depending on circumstances of the crime and prior offenses, it could fall under either a misdemeanor or a felony. You will definitely need a dirk or dagger attorney on your side to make sure that someone will be there to help you in every step of the way. As a misdemeanor it could mean up to 1 year in county jail and/or up to a $1,000 fine. As a Felony it could mean 16 months, or 2-3 years in county jail, and/or up to a $10,000 fine
Need an experienced San Diego Criminal Defense Attorney?
Contact Us!