California has strict laws about knives and other sharp weapons. Under California law, a dirk or dagger is any object that can be used for stabbing and could cause severe injury or death. A normal object, such as a kitchen knife or a tool of work, can turn into a dirk or dagger depending on how you carry it. California PC 21310 makes it a crime to have a concealed dagger.

To secure a conviction under this statute, the prosecution does not need to prove that you intended to use the weapon. Instead, they only need to show that you carried a dirk or dagger, and it was concealed. A conviction for violating this statute may result in prison or jail time and hefty fines. Additionally, you may have a permanent criminal record. Therefore, if you are in this predicament, you will need the guidance of a reliable lawyer to navigate the charges.

Legal Definition of Dirk or Dagger in California?

Under California law, a dirk or dagger is a knife or other instrument that you can use to stab and cause injuries or death to someone else. The definition includes more than traditional combat knives. A dirk or dagger may cover the following:

  • Certain folding knives
  • Ice picks
  • Stabbing instruments
  • Homemade sharp weapons

The key issue is whether the object is capable of ready use as a stabbing weapon. Under California law, a folding knife is not considered a dirk or dagger when it is folded and closed. However, when you lock the blade into the right position and are ready for use, it may qualify as a dirk or dagger.

For this reason, a pocketknife clipped inside a pocket with the blade closed is often legal. However, carrying the same knife open and concealed could create legal problems. When determining what qualifies as a dagger, courts in California focus on the following factors:

  • The design of the object
  • Whether it can stab someone
  • Whether or not it was concealed
  • Whether it was ready for immediate use

The law does not require evidence that you planned to harm another person with the weapon for you to be charged and convicted. Being in possession of the specific object is enough to find you liable for violating California law.

California PC 21310

PC 21310 makes it unlawful to carry concealed dirks or daggers. To convict you under this statute, prosecutors must prove these elements:

You Carried a Dirk or Dagger

The first element that the prosecution must prove when establishing your liability under this statute is that you carried a dirk or dagger. Under California law, a dirk or dagger is any object capable of being used to stab someone. Furthermore, the item should have the potential to cause severe injuries or death.

The Weapon You Carried was Concealed

A major issue in cases involving dirks or daggers is whether the object was concealed. A dirk or dagger is concealed when it is hidden from ordinary view. The weapon does not have to be completely invisible. Prosecutors may claim concealment if you carry the weapon inside your clothes or in your boots. California courts have ruled that partial concealment may still constitute a violation of the law.

Therefore, if the weapon is partially visible, you could still face criminal charges. However, openly carrying a fixed-blade knife is generally legal in many situations. California allows the open carrying of some fixed-blade knives. However, you must carry the knife in a sheath suspended from the waist.

Although carrying knives is legal when done properly, some areas prohibit it. These areas include:

  • Schools. California law prohibits many knives on school grounds. Students and visitors may face serious criminal charges for carrying fixed-blade knives, daggers, and switchblades.
  • Government buildings. California law prohibits the possession of different weapons in courthouses, federal buildings, and government offices. Security officers in these areas may confiscate knives and arrest you for violating PC 21310.
  • Airports. Knives are heavily restricted in airport security and are considered dangerous. Carrying blades in these areas could result in arrest and criminal charges.
  • Public events. Concerts, stadiums, and festivals often ban knives and weapons. Private security may deny your entry even if the knife is legal.

Sentencing and Punishment for Violating California PC 21310

A violation of PC 21310 is charged as a wobbler. The prosecutors may file felony or misdemeanor charges for the crime. The prosecutor's decision on how to charge your case depends on these factors:

  • Your criminal record. The prosecutor will look at your criminal record when deciding whether to pursue PC 21310 charges against you. You may be charged with misdemeanors if you are a first-time offender. But when you have a long criminal record, the prosecutor may seek felony charges against you.
  • Harm to someone else. Your charges may vary based on whether you used the weapon to harm or threaten someone. If there is evidence of violence, you may face felony charges.

Misdemeanor penalties under PC 21310 include the following:

  • A maximum of one year in jail
  • Summary probation
  • Court fines
  • Mandatory counseling programs

Judges sometimes grant probation instead of jail time. Probation is not available for all students. You can negotiate the sentence with the court. You are more likely to receive probation if this is your first crime or if there are no aggravating factors. Probation allows you to avoid spending time behind bars. However, the judge can set the following conditions, which you must follow during the probation period:

  • Obey all laws. The court requires you to avoid any criminal activity while serving your probation. An arrest during this period counts as a probation violation.
  • Stay away from weapons. While serving your probation for Dirk or Dagger, the court may order you to stay away from any weapons.
  • Submit to searches by law enforcement. During probation, you may need to undergo random searches by law enforcement. The police can search your car or home.
  • Complete community service. Instead of spending time in jail, the judge will order you to serve a specific number of community service hours.

If you violate one or more of these conditions, you can face additional penalties.

When the crime is charged as a felony, the conviction may result in the following penalties:

  • Sixteen months, two years, or three years in
  • Formal probation
  • Higher court fines

Aggravating Factors in a California PC 21310 Case

Aggravating factors are circumstances that make your crime more serious. If you have these circumstances in your favor, you may face a stiffer sentence. Some of the aggravating factors to carrying concealed dirk or dagger charges are the following:

Prior Criminal Convictions

Before sentencing, the court will consider your criminal record. If you have a prior conviction for a crime involving weapons, you can face more serious penalties. In this case, judges may be less willing to grant probation as an alternative to incarceration.

Gang-Related Allegations

California law is strict on individuals who commit crimes to further gang activities. If the prosecution can prove that you carry a firearm to further the activities of a street gang, you could face felony charges and severe penalties. Under California PC 186.22, gang enhancement adds two, three, or four years to your sentence.

You Used the Weapon During Another Crime

The penalties for your conviction under PC 21310 will increase if you used a dirk or dagger during another offense. Offenses that could be committed using such weapons include assault, robbery, or domestic violence. The court does not require you to have harmed another person. Even displaying the weapon during an argument may make the case more severe.

Being on Probation or Parole

A common condition of probation or parole is for you to avoid any criminal activity. Facing an arrest for carrying a concealed dirk or a dagger while on probation or parole can make your case more serious.

Collateral Consequences of a Conviction for Dirk or Dagger in California

The effects of a conviction for violating Penal Code 21310 do not end after serving your jail time and paying fines. The misdemeanor or felony conviction will not affect your record. In California, criminal convictions are considered public records. Therefore, a felony weapon conviction can lead to the following long-term consequences:

Loss of Firearm Rights

A felony conviction often results in loss of gun rights. If you are convicted of having a concealed weapon in California, you cannot legally own a firearm or purchase firearms. Violating firearm restrictions may result in additional felony charges. In some cases, even a misdemeanor weapon conviction can affect your firearm ownership rights.

Employment Consequences

Most employers in California perform background checks on potential employees. A conviction involving a concealed weapon may raise concerns about your judgment and trustworthiness. To keep the workplace safe, the employer may deny your application. If you have a firearm conviction on your record, you may struggle to find jobs in the following areas:

  • Security work
  • Education
  • Childcare
  • Healthcare
  • Law enforcement

The struggle to find meaningful employment may leave you struggling financially.

Professional License Problems

If you work in a profession that requires a license to practice, the licensing board will closely monitor your conduct. Occasionally, you have the responsibility to report any convictions you face while actively practicing. Even when you fail to report, the board can be notified by relevant law enforcement. After learning of your conviction, the board may investigate you and issue disciplinary actions.

Immigration Consequences

For many U.S. citizens, the most severe consequence of a conviction for carrying a concealed dirk or dagger is incarceration. However, as an immigrant, you face additional risk for your immigration status. A felony conviction under PC 21310 can result in deportation or inadmissibility. Deportation involves forceful removal, while inadmissibility means that you cannot return to the country when you leave.

School and Financial Aid Consequences

If you are a student, charges for offenses involving weapons may result in disciplinary action by schools and colleges. Possible consequences in this case may include:

  • Suspension
  • Expulsion
  • Loss of campus housing
  • Loss of scholarships
  • School disciplinary hearings

Some educational programs may refuse admission to applicants with violent or weapon-related records.

Defenses against Charges Under California PC 21310

A conviction under this statute can have severe legal and collateral consequences. Fortunately, not all arrests result in a criminal conviction. With the insight of a reliable lawyer, you could present the following defenses against your case:

The Weapon Was Not Concealed

One of the strongest defenses you can use against PC 21310 charges is that the weapon was not concealed. A fixed-blade knife openly carried in a sheath at the waist may be legal in many situations. Sometimes, law enforcement may claim that you concealed the weapon even when part of it was visible. Your defense lawyer may argue that an officer could clearly see the knife.

The Object Was Not a Dirk or Dagger

Not every sharp object qualifies as a dirk or a dagger under California law. Prosecutors must prove the item could readily be used to stab someone or is capable of causing serious injury. Some objects are tools and not weapons. Examples of objects that could be mistaken for weapons include the following:

  • Work equipment
  • Utility tools
  • Household items

This defense may argue that the item was not capable of functioning as a stabbing weapon.

The Folding Knife Was Closed

California law allows people to carry folding knives when the blade is folded closed. In this case, legal problems arise when the blade is open and locked into place. If you face PC 21310 charges for carrying a folding knife, you can avoid the conviction by arguing that the knife was closed. If your argument is true, the object may not legally qualify as a dirk or dagger under Penal Code 21310.

Illegal Search and Seizure

Police officers must follow constitutional rules during stops and searches. If officers violated your Fourth Amendment rights, the judge can exclude the evidence collected from the case. Common forms of violations you could point out in your case include:

  • Illegal traffic stops
  • Searches without consent
  • Searches without warrants
  • Unlawful pat-down searches

If the court suppresses the weapon as evidence, prosecutors may have difficulty proving the case beyond a reasonable doubt.

Lack of Knowledge

The prosecutor must show that you knowingly carried the weapon before securing a conviction against you. Therefore, you cannot intentionally conceal a weapon you did not know existed. For example, you may borrow a friend's vehicle without knowing that there is a dagger hidden inside. In this case, your attorney could argue that you did not know the object.

Temporary Possession

Occasionally, you may temporarily possess a weapon for self-defense. These situations can arise in emergencies or threatening environments. The criminal responsibility that you bear for committing the crime becomes lower if you are in temporary possession of the weapon for self-defense purposes.

False Accusations or Police Mistakes

Witnesses and police officers do not always interpret situations correctly. A person can falsely accuse you of the offense due to misunderstandings, arguments, or personal disputes. In certain cases, the police may mistake an object for a prohibited weapon. In other cases, the report may be inaccurate. Your lawyer can find any false information by studying the testimonies and reports provided by the witnesses.

Expunging a Conviction for Carrying a Concealed Dirk or Dagger

The ramifications of being found guilty under PC 21310 are significant and will remain so throughout your lifetime. Nevertheless, certain avenues can be pursued after conviction to mitigate its effects. An expungement is a process whereby the court permits you to have the guilty plea set aside in favor of a not guilty plea and dismisses your case entirely. You can file for expungement under PC 1203.4 if you meet the following requirements:

  • You have completed your probation. Sometimes, the court will sentence you to probation as an alternative to incarceration. Before you petition the court for an expungement, you must complete your probation sentence and honor all court-ordered conditions.
  • You are not serving a sentence for another offense. You should not be serving a jail or probation sentence for another offense while you petition for expungement.
  • You are not facing charges for another offense. When seeking an expungement, you should not be facing criminal charges for another crime.

Find a Skilled Criminal Defense Lawyer Near Me

California’s dirk or dagger laws do not only apply to knives and traditional daggers. Many ordinary objects may qualify if they are readily usable as stabbing weapons. For this reason, folding knives, fixed-blade knives, tools, and homemade objects may all become part of criminal cases. Under Penal Code 21310, carrying a concealed dirk or dagger is illegal. When you are charged with this offense, the court will focus on the nature of the object and whether it was concealed.

You could face felony or misdemeanor charges for carrying a concealed weapon. A conviction for this offense can result in incarceration, fines, and probation. If you or a loved one faces charges under this statute, you will need the expert legal insight we offer at Los Angeles Criminal Lawyer to fight the charges. Contact us at 310-502-1314 from Los Angeles, CA, to discuss your case.