What are the pocket knife laws in california, iain sinclair credit card sized foldable knife - How to Do

Categories: Ultra Thin Folding Knife | Author: admin 30.12.2012

Every crime in California consists of "elements." These are facts the prosecutor must prove to make a case in court. If you got charged with a crime, check the documents for the code section you are accused of violating.
All crimes in Nevada consist of "elements." An element is a fact that the prosecutor must prove beyond a reasonable doubt for the defendant to be convicted. Folding knives (other than switchblades) may be carried concealed on your person if closed. There are additional restrictions on carrying knives into schools and other public buildings.
And if you actually threaten someone with an illegal knife -- or you use the knife as a weapon -- you face additional jail time. California's laws against carrying concealed dirks or daggers is set forth in Penal Code 21310 PC. If the blade is exposed and locked into position, an otherwise legal folding knife becomes a dirk or dagger under California law. Under California law, the possession, sale, manufacture and import of certain other types of knives is completely prohibited.
Or perhaps a police officer is able to open your folding pocket knife with a flick of her wrist. And if your knife isn't capable of ready use as a stabbing weapon, it is not legally a dirk or dagger. Thus, carrying a prohibited knife in a pocket or purse counts as carrying it on your person. Example: Alex borrows his friend's jacket, not knowing there is a prohibited knife in the pocket. Example: A friend gives Janice a knife for protection, and tells her that she'll have to use two hands to open it.
Example: When Adam's brother left to serve in Afghanistan, he gave Adam his automatic knife.
Penal Code 171b makes it a crime to bring or possesses certain knives within any state or local public building. If you do so, prosecutors could charge you brandishing a knife in violation of Penal Code 417 PC. If you carry an illegal knife -- and you use that weapon to assault someone -- you could be charged for both possession and assault.
Assault with a deadly weapon is a California wobbler offense.39 If convicted of ADW as a felony, you face a maximum sentence of four (4) years in California state prison.
Until 1994, California Penal Code 12020 made it a crime to carry a concealed dirk or dagger.
Appellate courts split, however, over the relevance of a defendant's intended use of a concealed knife. Other appellate courts, however, reached the opposite conclusion.46 In 1993, the Legislature attempted to resolve these inconsistencies. The Legislature recognized that the new definition might criminalize the "innocent" carrying of legal instruments such as steak knives, scissors and metal knitting needles. Despite the objection of the CDAA, Penal Code 653k was amended by Assembly Bill 3314 in 1996. The essence of the rule against switchblades is not the mechanism used to open the knife, but the speed with which it can be deployed. Critics of the proposed change included US knife manufacturers and collectors, the National Rifle Association, sportsmen's groups and a bipartisan group of at least 79 House members. The risk of a surprise attack exists even if the weapon bearer originally intends to use the weapon only for legitimate self-defense. If you or loved one is charged with carrying an illegal knife and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. 1Penal Code 20200 PC -- A knife carried in a sheath that is worn openly suspended from the waist of the wearer is not concealed within the meaning of Section 16140 [air gauge knife], 16340 [cane sword], Section 17350 [writing pen knife], or 21310 [dirks and daggers].


2Penal Code 16470 -- As used in this part, "dirk" or "dagger" means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. See also California Penal Code 1170(h)(1) -- Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years. Other types of knives -- including switchblades, ballistic knives and "novelty" knives, such as lipstick knives and cane knives -- may not be carried on your person under any circumstances. Fortunately, there are a number of potential legal defenses that may help you successfully fight charges of carrying a concealed dirk or dagger in violation of Penal Code 21310.
California Penal Code 21310 PC5 makes it a crime to carry a concealed dirk or dagger on your person.
In other words, if a knife can be opened automatically with just the press of a button or just a quick flip of the wrist and it has no mechanism to "bias it towards closure," it is a switchblade under California law.
Ballistic knives, although technically spring-loaded, are neither switchblades -- nor dirks or daggers -- under California law. Thus, keeping a dirk or dagger concealed in your pocket or purse is a violation of Penal Code 21310 PC, even if you were keeping it there for self-defense, or work, or any other well-intentioned reason. Before you can be convicted of carrying a concealed dirk or dagger, the prosecution must also prove that you knew it could be used as a stabbing weapon. Your friend gives you a knife that she says you should keep in your jacket pocket in case you are ever threatened. In order for you to be convicted of carrying a concealed dirk or dagger, the prosecution must also prove that you intentionally concealed it. That the "item was substantially concealed" doesn't mean that the weapon must be completely concealed for it to be a crime.
As long as the weapon is at least partially concealed, you could be held liable for this offense.
Note also that carrying a concealed dirk or dagger is a separate and distinct offense from California Penal Code 25400 PC, carrying a concealed weapon.
Fortunately, there are a number of California legal defenses that a good criminal defense lawyer can present on your behalf.
This defense works best when the weapon is carried in a loose piece of clothing (a jacket, for example) or carried in a purse, backpack, briefcase, or other object that you are holding in your hand. If the weapon was in plain view and not substantially concealed upon your person, you don't violate the statute.
Carrying a concealed dirk or dagger is what we refer to as a "wobbler" offense in California This means the prosecutor has discretion to file the charge as either a misdemeanor or a felony.
Often, however, California misdemeanor violations are punished by misdemeanor (summary) probation, with little or no jail time. If you are sentenced to summary or felony probation, the judge will impose a number of conditions.
California completely prohibits the possession, sale, manufacture or import of certain types of knives in addition to ballistic knives and switchblades and concealed dirks and daggers. Possession, sale, manufacture or import of an undetectable knife is a misdemeanor punishable by not more than one (1) year in county jail. Violations of Penal Code 171b are wobblers punishable by up to one (1) year in county jail as a misdemeanor []or three (3) years in state prison as a felony []. The penalty for brandishing a knife in a rude, angry, or threatening manner -- or during a fight -- is a minimum 30-day county jail sentence.
If you draw, exhibit, or use your concealed knife in a threatening manner, prosecutors could ultimately charge you with both carrying a concealed dirk or dagger and brandishing a weapon. Another offense commonly filed in connection with dirk or dagger is Penal Code 245(a)(1), California's "assault with a deadly weapon" law. If you carry a concealed dirk or dagger, and then you use that weapon to assault someone, you could be charged with both crimes.
This sentencing enhancement cannot be filed in conjunction with brandishing a weapon, because use of the weapon is already an element of that offense.
If you or loved one is charged with carrying an illegal dirk or dagger and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group.


2 Penal Code 20200 PC -- A knife carried in a sheath that is worn openly suspended from the waist of the wearer is not concealed within the meaning of Section 16140 [air gauge knife], 16340 [cane sword], Section 17350 [writing pen knife], or 21310 [dirks and daggers].
4 Our California criminal defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. 5 In 2012, the provisions of former Penal Code 16590 relating to dirks and daggers were replaced by Penal Code 16470 and Penal Code 21310. 12California Penal Code 17235 - As used in this part, " switchblade knife" means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife, or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever. 13 California Penal Code 21110 -- Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any ballistic knife is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. 21 California Penal Code 16590 PC -- Carrying a concealed dirk, dagger, or explosive substance. 22 California Penal Code 25400 PC -- Carrying a concealed weapon on your person or in a vehicle. But California law offers many avenues of relief to clear your record and build a fresh start. Therefore our Nevada criminal defense lawyers have devoted this section of the website to explain how the process works.
Adam keeps it in the pocket of his jacket because he believes it will help his brother come home safe.
Mitchell, endnote 18 ("These examples presume that the offense of carrying a concealed dirk or dagger is necessarily committed even when the instrument is in some type of carrying container rather than carried directly on the person's body. If an officer searches you without a valid California search warrant or probable cause, that officer may violate your Fourth Amendment rights. Then we discuss the best ways to fight the charge, and the penalties that stem from a conviction. Then we explain effective ways to defend against the charge, and what penalties a conviction may carry.
Mitchell, a California appeals court held that the dirk and dagger statute does not run afoul of the Second Amendment.52 The court said the statute is narrowly tailored to serve the important governmental interest of preventing exposure to the risk of surprise attacks. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California. As a result, the choice between the two applicable statutes was within the prosecutor's discretion).
As a corollary to this principle, a defendant may present an accident defense based on a claim that he or she acted accidentally rather than with the intent required for the crime).
The proscription against carrying a concealed weapon " 'upon his person' " has been applied to a firearm carried in a suitcase. One who carries a knife, a pistol, or an ice pick may think that he will use it only in lawful self-defense.
When you are stopped and frisked, the police find the knife in your pocket with the blade extended and locked. People who are startled or upset may overreact, lose their tempers, or make poor judgments under stress. 1581.) The officer's illegal detention of defendant vitiated any subsequent consent to the interrogation and search. As a result, Dave was illegally detained, and the dagger that the officer found was obtained during an illegal search. The New York court saw no significance in '(t)he fact that the loaded gun was found concealed in the brief case, rather than in a pocket of defendant's clothing, .



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