Possession of a Dirk or Dagger – Sentencing and Punishment (Penal Code Section 21310)
If you or someone you care about has been arrested for possession of a dirk or dagger in violation of Penal Code Section 21310 (PC 21310), you can be charged with committing what is known as a “wobbler” offense. A wobbler means the prosecutor may use his or her discretion to prosecute you for either a misdemeanor or a felony violation of the law.
How you are charged will depend on the following:
- The circumstances of your case; and
- Your prior criminal history.
Possession of a Dirk or Dagger as a Misdemeanor
If you are convicted of a misdemeanor violation of PC 21310, you may be sentenced to serve no more than one year in jail, ordered to pay a fine of no more than $1,000, or both.
Possession of a Dirk or Dagger as a Felony
If you are convicted of a felony possession of a dirk or dagger and you are ineligible for probation, you can be punished by 16 months, or two or three years in jail, by a maximum fine of $10,000, or both.
Probation Instead of Jail for Possession of a Dirk or Dagger
Often, the court has the option to sentence you to a term of probation, with or without having to serve some jail time. When you are placed on probation the court will impose specific terms of probation that apply as a result of the crime for which you were convicted.
Conditions of probation may include:
- Do not violate the law;
- Do not possess dangerous weapons that are otherwise legal to own or carry;
- Report frequently to a probation officer, if you are subject to formal supervision;
- Abstain from illegal drug use;
- Abstain from the use or possession of alcohol (if related to your conviction);
- Submit to random drug and/or alcohol testing;
- Do not have contact with any victim(s); and
- Submit to warrantless searches of your person and/or property.
The court is authorized to impose any conditions of probation deemed reasonable in your case. If you are found to be in violation of any of these conditions, the court may:
- Revoke and reinstate your probation, without changing your conditions;
- Revoke and reinstate your probation, subject to a modification of your conditions; or
- Revoke and terminate your probation, and impose the maximum sentence allowed by law for the crime of which you were convicted.
If your probation is reinstated, you may have to serve up to 365 days in jail as a condition of reinstatement.
Other Consequences of a Conviction for Possession of a Dirk or Dagger
In addition to the direct (or punitive) consequences of a conviction for possession of a dirk or dagger pursuant to PC 21310, other consequences may include:
- Post-release community supervision for up to three years if your felony conviction results in a jail sentence without probation;
- Disciplinary proceedings brought against you that may result in the suspension or revocation of any state license you may hold regarding your profession or occupation (for example, a teacher, attorney, physician, nurse, contractor, therapist, or stockbroker);
- Being denied future employment and/or a residential lease if you are required to disclose a criminal conviction;
- Deportation or removal from the United States if you are a legal immigrant, visiting foreign national or an undocumented (illegal) alien; and/or
- Temporary or permanent loss of your state and/or federal rights to own, possess or carry a firearm.
Wallin & Klarich is Ready to Help You
If you or someone you love has been arrested for unlawful possession of a concealed weapon, you should speak with one of our experienced criminal defense attorneys at Wallin & Klarich today. Wallin & Klarich attorneys are standing by, ready to help you through this difficult time.
Our attorneys at Wallin & Klarich have over 40 years of experience aggressively fighting for our clients’ rights. We will examine all of the evidence in your case and advise you of your best options. If pleading guilty is the best course of action, we will do everything we can to minimize the more serious consequences of a conviction such as jail time and fines. If the evidence against you is weak, we may be able to persuade the prosecutor to reduce your charges. We may even be able to get your charges dismissed.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our criminal defense attorneys at Wallin & Klarich are available 24 hours a day, 7 days a week to provide you with the very best legal representation. We will help you get the best result possible in your case.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.