If you were arrested or charged with carrying a concealed dirk or dagger under California Penal Code § 21310, a lawyer can explain the law and the legal options you have. Whether the charge happened during a DUI stop or another kind of police encounter, it is a serious offense and can change your life.
This charge often surprises people, and some don’t even know that the item they were carrying counts as a dirk or dagger under California law. Like other crimes listed in the California Penal Codes, a conviction under § 21310 could lead to a felony record and jail time, even if you didn’t plan to hurt anyone.
Los Angeles DUI Lawyer can connect you with a criminal defense attorney who will assess the facts, fight for your rights, and work to get your charges reduced or dismissed entirely. Call today for a free consultation with a team that brings decades of experience to your situation.
What Is a Dirk or Dagger Under California Law?
California Penal Code § 21310 makes it illegal to carry a hidden dirk or dagger. But what qualifies as a dirk or dagger? Under California Penal Code § 16470, a dirk or dagger is any knife or object that can be used quickly to stab and cause serious injury or death.
This includes kitchen knives, hunting knives, or even broken pieces of metal if they are sharpened and concealed in a way that could be used to stab.
Importantly, the law does not require that the weapon be used or even displayed to result in charges. Simply carrying it concealed can lead to an arrest. It also doesn’t matter whether you meant to use it. You can face charges even if you didn’t plan to cause harm with the item.
Penalties for Violating Penal Code § 21310
Carrying a concealed dirk or dagger is classified as a wobbler in California. This means it can be charged as a misdemeanor or felony, depending on what happened and the individual’s criminal record. As a misdemeanor, a charge may lead to:
- Up to one year in county jail
- Up to $1,000 in fines
- Probation
- A criminal record
As a felony, this offense may bring:
- Up to three years in state prison
- Fines up to $10,000
- Formal probation
- Loss of certain rights, such as firearm rights
A criminal record can affect housing, employment, and immigration status. If you have criminal convictions, especially for weapons, violence, or certain felonies, the court may issue harsher penalties.
You’re also more likely to be charged with a felony than a misdemeanor if you have a prior criminal record. A lawyer can review your history and push back against harsher penalties.
How a Dirk or Dagger Charge Can Arise in a California DUI Case
Dirk or dagger charges can surface during routine DUI stops or traffic-related arrests. During a search of the vehicle or person, officers may find a concealed object that qualifies as a stabbing weapon, even if the person had no violent intent.
For example:
- You may carry a fixed-blade utility knife in your waistband after work.
- The police pull you over for suspected DUI and search your person or vehicle.
- If the blade is not in a visible sheath or is hidden, it may meet the definition of a concealed dirk or dagger.
Facing DUI and weapons charges at once is a complex legal situation. A criminal defense lawyer will address both charges strategically and may challenge the legality of the stop, search, or arrest.
What to Do if the Police Charge You With Carrying a Hidden Stabbing Weapon
The moments after a DUI arrest in California are very important. To protect your rights, follow these tips:
- Do not speak to law enforcement without an attorney present. You have the right to stay silent about what the object is or why you had it.
- Do not agree to a search without a warrant. If officers find the item during an unlawful search, that evidence could be thrown out.
- Consult with a criminal defense lawyer immediately. A lawyer can challenge the stop, search, and classification of the item.
Call Los Angeles DUI Lawyer now for a free consultation. Early legal representation can change the outcome of your case.
When to Hire a Criminal Defense Lawyer for a DUI-Related Case
You do not have to wait until formal charges are filed. Legal help is available if:
- Police arrested or cited you under PC § 21310.
- Law enforcement is questioning you.
- Authorities are investigating you for carrying a concealed weapon.
Hiring a criminal defense lawyer early gives you the best chance of protecting your freedom. A lawyer may prevent charges from being filed or negotiate a pre-trial resolution before the case escalates.
How a DUI Attorney Can Represent You and Fight the Charge
An experienced lawyer can assist with your case by:
- Looking at whether the item counts as a dirk or dagger
- Reviewing whether the stop or search was legal
- Working to get the charges dropped or lowered
- Arranging other options, such as a program or probation
- Speaking on your behalf in all court dates and hearings
- Protecting your record and your rights
- Filing an appeal or helping to clear your record if possible
You deserve a lawyer who will fight hard to protect your future and push back against overly aggressive charges. Los Angeles DUI Lawyer will refer you to an attorney who knows how to handle cases under Penal Code § 21310 and related DUI offenses.
Common Defenses to a Concealed Dirk or Dagger Charge
An attorney will investigate all aspects of your case and build a strong defense. Potential legal defenses include:
- The item was not a dirk or dagger under the legal definition.
- The item was not concealed.
- You had no knowledge that the item was on your person.
- Law enforcement committed an illegal search and seizure.
- There was an unlawful traffic stop or DUI checkpoint.
- Your Miranda rights were violated or there was improper police conduct.
Get a Free Consultation About Your Penal Code § 21310 Case
Criminal charges under Penal Code § 21310 are serious, but you can talk with an attorney about your legal options and next steps. An attorney will guide you through the legal process. From pre-trial motions to filing an appeal, the right legal help makes a difference.
Call Los Angeles DUI Lawyer to get connected with a lawyer who can help you craft a strong defense. Don’t wait to take control of your case.
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