Orange County Dirk or Dagger Charges | California PC 21310
Posted on August 11, 2017
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.
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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.
