Dirk or Dagger | Penal Code § 21310

Description

It is a crime in the state of California to carry a Dirk or Dagger concealed upon any person. Legally the meanings are similar and include any stabbing device. Folding knives, other than switchblades, are included if the blade is exposed or locked into position. Other types of knives including, for example, those concealed in lipstick or a walking cane, are also prohibited.

What does the prosecutor have to prove?

1. Defendant manufactured or caused to be manufactured, imported into the state, kept for sale or offered for sale, or exposed for sale, gave, lent or possessed any dirk or dagger.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	Yes
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No