35+ Years Criminal Defense Experience in California

awards

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

Possession of Dirk or Dagger
You may be facing serious consequences.

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

Wallin and Klarich -  Possession of a Dirk or Dagger
Call Wallin and Klarich today.

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 30 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.

Was This Article Helpful? Please Share it.

Contact Us

Get Help Now

If you or a loved one have been accused of a crime, now is the time to contact us.
  • This field is for validation purposes and should be left unchanged.

Related Testimonials

    "

    I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. I now realize the importance of obtaining a law firm that has years of experience in criminal law. The way the package was organized and presented to the presiding judge was very impressive to me. The person that tried … Continue reading “Certificate of Rehabilitation and Governor’s Pardon Testimonials”

    View All
    "

    My brother was convicted of second degree murder in Los Angeles County. He was sentenced to 16 years to life in state prison. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. Our family was very worried and fearful he would spend the rest of his life … Continue reading “PC 1237 | Appeals Testimonials”

    View All
    "

    ARSON: “My husband and I received a shock recently when our son was arrested for starting a fire at a state park. But our shock turned into horror when he was charged with felony arson. We immediately hired the Law Firm of Wallin & Klarich. After a review of the evidence, Wallin & Klarich had … Continue reading “Client Testimonials: Arson”

    View All
attorneys

Contact Us Now

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.
awards
Get In Touch
Contact Info
wklaw
17592 Irvine Blvd. Tustin, CA 92780 (714) 730-5300
(877) 466-5245
Counties

Los Angeles County

Los Angeles | Long Beach | Glendale | Santa Clarita | Lancaster | Palmdale | Pomona | Torrance | Pasadena | West Covina | Carson | Santa Monica | Whittier | Lakewood | Redondo Beach | Arcadia | Diamond Bar | Glendora | Cerritos | La Mirada | Rancho Palos Verdes | Culver City | Manhattan Beach | Claremont | Beverly Hills | San Dimas | Walnut | Calabasas | Hermosa Beach | El Segundo | Palos Verdes Estates | Malibu

Orange County

Santa Ana | Anaheim | Irvine | Huntington Beach | Garden Grove | Orange | Fullerton | Costa Mesa | Mission Viejo | Westminster | Newport Beach | Buena Park | Lake Forest | Tustin | Yorba Linda | San Clemente | Laguna Niguel | La Habra | Fountain Valley | Anaheim Hills | Placentia | Rancho Santa Margarita | Aliso Viejo | Cypress | Brea | Stanton | San Juan Capistrano | Dana Point | Laguna Hills | North Tustin | Seal Beach | Ladera Ranch | Laguna Beach | Laguna Woods | La Palma | Coto de Caza | Los Alamitos | Rossmoor | Midway City | Las Flores | Villa Park

Riverside County

Riverside | Moreno Valley | Corona | Temecula | Murrieta | Jurupa Valley | Indio | Hemet | Menifee | Perris | Eastvale | Cathedral City | Palm Desert | Lake Elsinore | Palm Springs | La Quinta | Coachella | San Jacinto | Beaumont | Wildomar | Banning | Norco | Desert Hot Springs | Blythe | Rancho Mirage | Canyon Lake | Calimesa | Indian Wells

San Bernardino County

San Bernardino | Fontana | Rancho Cucamonga | Ontario | Victorville | Rialto | Hesperia | Chino | Chino Hills | Upland | Apple Valley | Redlands | Highland | Colton | Yucaipa | Montclair | Adelanto | Twentynine Palms | Loma Linda | Barstow | Yucca Valley | Grand Terrace | Big Bear Lake | Needles

San Diego

San Diego | Oceanside | Escondido | Carlsbad | Vista | San Marcos | Encinitas | Solana Beach | El Cajon | Santee | Poway | La Mesa | Del Mar

Ventura

Oxnard | Thousand Oaks | Simi Valley | Ventura | Camarillo | Moorpark | Santa Paula | Port Hueneme | Fillmore | Ojai

Copyright © 2018 Wallin & Klarich - All rights reserved
California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.
X