Posted on August 11, 2017
Orange County Dirk or Dagger Charges | California PC 21310
California Penal Code 21310 governs the crime of carrying a dirk or dagger and it’s characterized as a wobbler offense. Moreover, the prosecutor holds discretion when electing to charge you with a felony or misdemeanor. Fortunately, you may be eligible to reduce your felony conviction to a misdemeanor upon successful completion of probation pursuant to P.C. § 17(b).
To prove you’re guilty of this charge, the prosecutor must prove: 1) You carried on your person a dirk or dagger; 2) you had knowledge that you were carrying a dirk or dagger; 3) the dirk or dagger was substantially concealed; 4) and the instrument could readily be used as a stabbing instrument.
If you’re convicted of this offense as a felony, consequently, your exposure is a minimum of 16 months in the county jail; whereas a misdemeanor conviction carries up to 1 year in the Orange County jail.
There are several defenses available against this charge including: the dirk or dagger was not equipped with a mechanism that would trigger the opening of the blade or the flick of the wrist; the dirk or dagger was not substantially concealed; or the police committed an unreasonable search or seizure in violation of your Fourth Amendment right.
Contact our office to speak with an experienced Orange County criminal defense attorney if you’ve been arrested or charged with possession of a dirk or dagger under PC 21310 for a free consultation.