It is a crime in California to knowingly carry a dagger or dirk that you could readily use as your stabbing weapon. The crime is a wobbler; the prosecutor can charge it as a felony or a misdemeanor, depending on the facts of your case and your criminal history. A conviction can lead to incarceration, fines, and loss of your entitlement to own a firearm. However, retaining a competent lawyer can help you avoid these criminal penalties and protect your rights, freedom, reputation, and future. 

Defining a Dagger or Dirk

Under PC 21310, carrying a concealed dagger or dirk is an offense.

PC 16470 defines a dagger or dirk as a knife or any tool, regardless of whether it has a handguard, that you can use to stab and cause death or great physical injury. It involves the knives below, if you have locked the blade into a position and exposed:

  • Specific Bowie knives
  • Certain switchblades
  • A folding knife with a blade length of at least two inches when locked
  • A non-locking folding knife with an exposed blade
  • A fixed-blade knife

Please note that the following knives are not daggers or dirks: 

  • Swiss Army knives without locking tools
  • A paring or butter knife
  • Saws
  • Swords

Your implementation does not have to be a knife. The meaning of a dagger or dirk comprises an instrument or knife. A substance that is not a knife can be a dagger or dirk when it is tailored for stabbing purposes.

To be a dagger or dirk, the knife should be able to inflict great bodily injuries. A great bodily injury is a substantial or significant physical injury that is more than minor injuries or moderate harm. The length of the blade does not matter.

Per this definition, a dagger and a dirk have the same meaning, and you can use them interchangeably. 

Elements of the Crime

In the Golden State, carrying a concealed dagger or dirk is illegal.

Before convicting you of the crime, the prosecution should prove the following facts of the offense beyond any reasonable doubt:

  • You have on your person a dagger or dirk
  • You were aware that you had it
  • You had significantly hidden the dagger or dirk on your person
  • You were aware that the dagger or dirk could be utilized for stabbing others

The section below discusses these elements in depth so you can understand how the prosecutor can charge you with this crime.

You Possessed the Weapon

The prosecutor must demonstrate that you had a substance that fits the description of a dagger or dirk in your property or on you. A knife is obvious, but other items like a screwdriver might be deemed a dagger or dirk if you have it on you and you have concealed it.

Factors like your location during your arrest might determine your guilt. Having a hidden screwdriver on a construction site may not constitute possession. On the other hand, the court might find you guilty if you are arrested for having a concealed screwdriver in the wee hours of the night near a person who is under a ban.

Concealment of the Weapon

If the dagger was in the pocket, tucked into your pants waistband, or in your boots or socks, it could fit this case.

Please note that "significantly concealed" does not necessarily imply that you completely hid the knife. The court could still convict you even if you have concealed the weapon partially. Similarly, you might be guilty of partially concealing the weapon in any way, including a case.

You Deliberately Possessed the Knife

If the accused person had a dagger along their waistband, the prosecution team would not have challenges proving their knowledge.

In this context, possession also includes having control of the dagger or dirk.

However, assuming you borrowed a friend's bag and there was an object capable of stabbing a person inside it. A law enforcer stops you during a driving under the influence sobriety checkpoint, and you permit them to search your vehicle. If the police find a weapon that you have during their search,, in this case, it can be challenging for the prosecution to establish your knowledge of the existence of the weapons.

You Could Readily Use the Object as a Stabbing Weapon

The judge will consider the facts of your case to determine whether you were aware that you could use the substance you had to stab. Other factors the judge might consider are as follows:

  • Your location at the time of your arrest
  • Whether you have made alterations to the substance that would make it a weapon. A perfect example is fastening a handle to a razor blade with duct tape to make it effortless to wield. 

Criminal Penalties and Sentencing

A Penal Code 21310 conviction is a wobbler; the prosecutor may charge the crime as a California felony or a misdemeanor, based on the case facts and criminal history.

A misdemeanor conviction’s penalties include a year in jail, summary probation, and a fine up to one thousand dollars. On the contrary, your California felony conviction attracts the following potential penalties:

  • Ten thousand dollars
  • Formal probation
  • A three-year prison sentence

Whether charged with a felony or misdemeanor, a conviction on the criminal record could negatively affect your future.

If you used the dagger or dirk to engage in a California felony conduct and you concealed it during your arrest, you could also face personal use of a deadly weapon charges per PC 12022. The conviction results in a consecutive year in state prison.

If sentenced for a felony, you could lose your gun rights.

A conviction of either a felony or a misdemeanor does not carry negative immigration consequences.

Legal Defenses to Fight the Criminal Charges

Your competent defense attorney will collect and review your case evidence to develop the most effective defense strategy based on the circumstances surrounding your case. Possible defenses are as follows:

Lack of Knowledge

If you were not deliberately carrying or possessing a dagger or dirk, which can inflict severe physical harm or death, a lack of knowledge could be a strong defense.

Maybe you were holding another person’s property, and you were not aware that the owner had concealed the dirk or dagger within it. Your attorney can argue a lack of knowledge to avoid a conviction for this offense.

Illegal Search and Seizure

The Fourth Amendment protects you against warrantless or unreasonable searches and seizures.

If you are a victim of unlawful search and seizure, your lawyer could file a motion under Penal Code Section 1538.5 PC to suppress evidence. If successfully argued, the court must render the evidence obtained illegally inadmissible. It could lead the prosecution team to dismiss your charges.

You Had Not Concealed the Knife

If you did not try to hide a dagger or dirk that is lawful to possess, you cannot be convicted of violating PC 21310. It is legal to carry a knife openly sheathed.

Note that this defense can only apply to any legal weapon to carry or possess.

Police Misconduct

Sometimes, an officer may use questionable interrogation tactics as a means to create probable cause to detain, search, and charge you when investigating criminal activity. These tactics can include coercive confessions, planting evidence, or falsifying reports.

If you feel there was police misconduct during your arrest, your attorney can file a motion to probe the officer’s history to ascertain if they have been routinely disciplined for abusing their authority.

If the officer’s record proves a pattern of misconduct, the prosecution team might dismiss your charges.

Related Crimes

Here are the related offenses to the violation of PC 21310:

Possessing, Selling, or Making Dangerous Weapons

California PC PC 16590 forbids possessing, selling, manufacturing, or importing dangerous weapons. Violating that law can also be prosecuted as a wobbler.

Your misdemeanor conviction is punishable by a one-year jail sentence and a fine of one thousand dollars, while a felony conviction attracts a three-year jail sentence and a fine of ten thousand dollars.

Brandishing a Weapon

PC 417 forbids exhibiting, drawing, or using a weapon, including dirks or daggers, in a threatening way. The offense is a misdemeanor punishable by 12 months in county jail and a maximum fine of $1,000.

Bring a Knife into Public Buildings and Schools PC 171b and 626.10

Bringing a prohibited knife into any public building or public meeting per PC 171b is a wobbler offense. A misdemeanor carries a year in jail, while a felony is punishable by up to three years in county jail.

On the other hand, bringing certain daggers or knives under PC 626.10a1 onto a private or public school is a wobbler crime.  A misdemeanor carries a year in jail or summary probation, while a felony is punishable by up to three years in county jail or formal probation.

Assault with a Lethal Weapon PC 245(a)(1)

Assault with a deadly weapon, including a dagger or dirk, can be prosecuted either as a felony or misdemeanor in California. The penalties you will face depends on whether you executed the assault with a firearm or not and whether the assault with a deadly weapon was on a firefighter or police officer.

Carrying a Switchblade PC 21510

It is a misdemeanor to possess or carry a switchblade in public, or to give or sell one to someone. A conviction can lead to probation, 6 months in jail, and a fine not exceeding $1,000.

Stun Guns or Tasers Violations PC 22610

It is legal to possess or own a stun gun unless any of the following is true:

  • You have a previous felony conviction
  • You were convicted of an offense involving assault
  • Your were found guilty of misusing the stun gun
  • You are addicted to drugs

If you are a first-time offender, you could face an infraction, and you must pay a $50 fine. A second-time conviction is a misdemeanor that carries a maximum jail term of six months and a fine of not more than a wobbler. One thousand dollars. The crime becomes a wobbler if you assault another person using the taser (unless you are acting in legal self-defense). A misdemeanor carries a one-thousand-dollar fine and a year in jail, whereas a felony is punishable by ten thousand dollars fine and a three-year jail sentence. 

Your Constitutional Rights as a Defendant

Even as a defendant, you have legal rights that include the following:

Right to Remain Silent under Fifth Amendment to the Constitution

Police officers should advise you of your Miranda rights. Next, the officer will ask you whether you understand the rights. The prosecution team could use any statement you make in a subsequent interrogation against you in court.

The Fifth Amendment will not stop the police from using the statements you made after the duration of silence from being used against you unless you communicate your desire to invoke the right.

Since body language and science are ambiguous, the best approach to invoke the right to remain silent is to tell the interrogator that you intend to invoke your right to remain silent. Other ways you can invoke include telling the interrogator that:

  • You want to remain silent
  • You only intend to talk to your defense lawyer
  • You want to speak to your lawyer first

Once you invoke this right, the police should stop questioning you. If they continue questioning you after invoking this right, they have violated Miranda rights, and they cannot use your subsequent statements against you in court.

Right Against Unlawful Search and Seizure

Search and seizure laws in California safeguard you against any unreasonable law enforcement invasion of your person, automobiles, home and other property. These legal protections are anchored in state law and the 4th Amendment of the United States Constitution.

If you believe you are the subject of unlawful searches, your attorney can petition the court to exclude illegally obtained evidence from the trial.

The Fourth Amendment regulation means that the police cannot search you or your property unless:

  • They have a judge-issued and signed search warrant
  • The search is one of several exceptions to the warrant requirement under California and federal courts.

The exceptions include the following:

  • Searches and seizures carried out with your willing consent
  • Searches and seizures following a legal arrest, where officers are searching for weapons, you might have to attack them or criminal evidence that you could destroy
  • Inspection searches, like those involving international borders
  • Searches of cars if law enforcers have probable cause to suspect they contain evidence relating to a crime
  • Searches or seizures during emergency incidents can prevent bodily injury or severe property damage or find a fleeing suspect.
  • Searches of incriminating items in plain view when the officers are executing a lawful warrant
  • Searches in circumstances where you are not entitled to a reasonable exception of privacy
  • A stop-and-frisk, or Terry stop, after a temporary detention can be conducted by police to search for weapons that could be used against them.

Double Jeopardy

This constitutional right protects you from facing trial at least once for one crime.

Please note that there is an exception to this right. Different jurisdictions can charge you for the same criminal conduct. For instance, you can face charges in both state and federal courts for the same offense if some facets of your crime broke state laws while others violated a federal law.

You are Entitled to a Speedy Trial

The Sixth Amendment to the U.S. Constitution provides you the right to a speedy trial.

It means you are tried for your offense within a reasonable duration. Whether your trial is speedy depends on your case facts and the rationale for the delay. 

When the judge determines that the delay between your arrest and trial was biased and unreasonable to you, the judge might dismiss the case. However, your request to dismiss your criminal case is not your right to a speedy trial. Instead, you can request that the judge consider your entitlement to a speedy trial, and the judge will then decide whether the delay was unreasonable.

Since there is that short time to begin your trial, it can be in your best interest to waive your right to a speedy trial. The waiver gives you adequate time to build your case defense. Your attorney should help you now understand the effects of waiving your rights and ensure you make an informed decision.  

Contact a Proficient Attorney Near Me

It is illegal to carry a concealed dirk that can stab a person. A conviction carries severe criminal penalties even if you are a first-time offender. It makes it essential to hire The LA Criminal Defense Law Firm if you are arrested for violating PC 21310. We can start by analyzing how your arrest occurred and how the prosecutor obtained the evidence. Did the police find the weapon through an illegal search? We can use our experience to identify gaps in the evidence against you, including inconsistencies. If the police engaged in illegal search and seizure, we can persuade the court to reduce your criminal charges or even dismiss them altogether. Please contact us at 310-935-1675 to schedule your free initial consultation and case review.