Penal Code § 16470 PC - Dirks and Daggers
Table of contents
Click To travel To Chapters
1. What is Penal Code § 16470 PC?
Penal Code § 16470 PC Law Reads As Followed:
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. A nonlocking folding knife, a folding knife that is not prohibited by Section 21510, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position.
2. What Are Examples of Penal Code § 16470 PC?
Penal Code § 16470 PC defines dirks and daggers as knives or other instruments that are capable of being used as stabbing weapons, potentially causing great bodily injury or death. The law does not require these weapons to have handguards, and it includes a wide range of knives, from those specifically designed for stabbing to everyday folding knives that can be locked into position. Understanding the types of knives that qualify as dirks or daggers under this statute is crucial, as carrying these knives unlawfully can lead to serious legal consequences in California.
In this article, we will explore common examples of knives and instruments that may be classified as dirks or daggers under Penal Code § 16470 PC.
1. Fixed-Blade Knives (Dirks and Daggers)
The classic example of a dirk or dagger is a fixed-blade knife. These knives typically have a sharp, pointed blade designed for stabbing. Since these knives are already in a ready-to-use position, they meet the requirements set forth in Penal Code § 16470 PC.
Example: A combat knife or bowie knife that is specifically designed for stabbing and does not have any mechanism to fold the blade. This type of knife is commonly used as a dirk or dagger, as it is capable of inflicting serious injury or death.
These knives are often considered dirks or daggers due to their pointed shape, size, and the lack of a mechanism to fold the blade, making them easily accessible for immediate use as a stabbing weapon.
2. Folding Knives with Exposed and Locked Blades
Folding knives and pocket knives are generally not classified as dirks or daggers unless they meet certain criteria under Penal Code § 16470 PC. For a folding knife to qualify as a dirk or dagger, the blade must be exposed and locked into position, making it capable of being used immediately as a stabbing weapon.
Example: A lock-back folding knife, such as a Swiss Army knife or a multi-tool knife, where the blade can be locked into place when opened. If the blade is exposed and locked, the knife could be classified as a dirk or dagger.
This type of knife is often carried for practical purposes but may be considered a dirk or dagger if the locking mechanism allows the blade to remain in a fixed, open position, making it capable of being used for stabbing.
3. Tactical Knives
Tactical knives, which are designed for military, law enforcement, or self-defense purposes, may also fall under the definition of a dirk or dagger, especially if they are equipped with features that make them ideal for stabbing. These knives often feature a pointed, fixed blade and may or may not have a handguard.
Example: A tactical combat knife or throwing knife designed with a sharp, pointed tip and no folding mechanism. These knives are specifically made for piercing or stabbing, and they can be used to inflict serious harm.
Tactical knives can often be mistaken for regular pocket knives, but their ability to function as a stabbing weapon makes them fall under the definition of dirks or daggers under California law.
4. Pen Knives with Exposed and Locked Blades
A pen knife, which is a small, folding knife often used for everyday tasks, could also be classified as a dirk or dagger if the blade is exposed and locked into position.
Example: A small pocket pen knife with a locking mechanism that keeps the blade in an open, fixed position. If the blade is sharp and exposed, it could be classified as a dirk or dagger, as it is capable of causing serious injury or death.
Pen knives are often used for practical, everyday purposes, but under California law, when the blade is locked into place, it may be considered a dangerous weapon capable of inflicting harm.
5. Daggers
A dagger is a specific type of knife that is designed with a double-edged blade, making it capable of stabbing with either side of the blade. Due to its design, a dagger can be classified as a dirk or dagger under Penal Code § 16470 PC.
Example: A double-edged stiletto dagger, which is designed for stabbing with its pointed tip and sharp, double-edged blade. Since it is intended for stabbing and can inflict severe injury, it clearly meets the legal definition of a dirk or dagger.
Daggers are specifically crafted for piercing, making them one of the primary examples of what is classified as a dirk or dagger under the law.
6. Boot Knives
A boot knife is a small, fixed-blade knife that is typically carried in a sheath inside a boot. These knives are designed for concealed carry and are often used for self-defense. They usually feature a pointed blade, making them ideal candidates for classification as dirks or daggers.
Example: A boot knife with a fixed blade that is pointed and capable of being drawn quickly for self-defense. Because of its design and potential for quick use as a stabbing weapon, this knife would be considered a dirk or dagger under Penal Code § 16470 PC.
Boot knives are often small but powerful, capable of inflicting serious injury when used as a stabbing weapon.
7. Throwing Knives
Throwing knives, which are often used in sporting events or for tactical training, can also be classified as dirks or daggers if they are designed for stabbing. These knives typically have a sharp, pointed blade, and their use in throwing typically emphasizes the sharp tip, making them capable of inflicting significant injury.
Example: A throwing knife that is designed with a sharp, pointed tip for piercing. Though used for throwing in certain contexts, these knives can be considered dirks or daggers when assessed based on their potential for stabbing.
3. What are Common Defenses Against Penal Code § 16470 PC?
Penal Code § 16470 PC defines dirks and daggers as knives or instruments that are capable of being used as stabbing weapons. Under California law, it is illegal to carry a concealed dirk or dagger. This includes not only large knives, but also folding knives and pocket knives that are locked into position and ready to be used as a stabbing weapon. The law is intended to protect public safety by regulating knives that could inflict serious harm.
If you are facing charges for possessing or carrying a dirk or dagger under Penal Code § 16470 PC, it’s important to understand the potential defenses that can be raised in such cases. There are several defenses that can be used to contest charges, including the lack of intent, the incorrect classification of the weapon, or the lack of knowledge that the weapon was classified as a dirk or dagger under the law.
In this article, we will discuss common defenses against Penal Code § 16470 PC charges and explain how they might apply to your case.
1. Lack of Willfulness or Intent
Under Penal Code § 16470 PC, the defendant must have willfully carried or possessed a dirk or dagger. In other words, there must be a deliberate intent to possess or carry the weapon. If the defendant did not have the intention to carry a weapon capable of causing great bodily injury or death, they may not be guilty of violating the statute.
Defense Strategy: If the knife was being carried for non-violent, non-criminal purposes (for example, as a tool for work or recreation), you could argue that you did not willfully carry the knife with the intent to use it as a weapon. In such cases, the prosecution may not be able to prove that the defendant had the intent required to be convicted under Penal Code § 16470 PC.
Example: If a person carries a knife for practical purposes, such as for use in outdoor activities like camping or fishing, and did not intend to use it as a stabbing weapon, this could be a valid defense.
2. The Knife Was Not a Dirk or Dagger
Another common defense is arguing that the knife in question does not meet the legal definition of a dirk or dagger as outlined in Penal Code § 16470 PC. The law specifies that a dirk or dagger must be capable of being used as a stabbing weapon that may cause great bodily injury or death.
Defense Strategy: If the knife in question was not capable of being used as a stabbing weapon, or if it did not meet the requirements set forth in the law (e.g., it was not exposed or locked into position for folding knives), this could be used as a defense.
Example: If a person was carrying a knife that was a non-locking folding knife with the blade folded, it would not be considered a dirk or dagger under the law, because the knife was not in a “ready-use” state as required by Penal Code § 16470 PC.
3. The Knife Was Not Exposed or Locked
For folding knives or pocket knives, Penal Code § 16470 PC only classifies them as dirks or daggers if the blade is exposed and locked into position. If the knife was not in a locked, exposed position, then it does not qualify as a dirk or dagger under the statute.
Defense Strategy: If the folding knife or pocketknife was carried in a way that the blade was not exposed and locked into place, this could be used as a defense. Non-locking knives, or knives with the blade folded and safely secured, are not classified as dirks or daggers under California law.
Example: A person carrying a folding knife with a blade that was folded and not locked into place would not meet the definition of a dirk or dagger, since it was not capable of being used immediately as a stabbing weapon.
4. The Knife Was Not Concealed
Under Penal Code § 16470 PC, carrying a dirk or dagger concealed on your person is illegal. If the knife was not concealed, meaning it was in plain sight or not hidden in a way that would suggest it was being carried in violation of the law, the defense may argue that the knife was not in violation of the concealed carry prohibition.
Defense Strategy: If the knife was carried openly and in plain sight, this could be a defense against concealed carry charges under the statute. In this case, the issue may not be whether the knife qualifies as a dirk or dagger but rather the legality of carrying the knife openly versus concealing it.
Example: A person carrying a fixed-blade knife on their belt in plain sight may not face the same legal consequences as someone trying to conceal the knife, especially if it was not being carried with the intent to use it as a weapon.
5. Possession for Legitimate Purposes (Self-defense, Work, or Recreation)
If the defendant was carrying the knife for a legitimate reason, such as for self-defense, work, or recreation, this could serve as a valid defense. California law allows for the possession of certain knives when they are used for legal and practical purposes.
Defense Strategy: The defendant can argue that they were carrying the knife for purposes such as working in a trade, engaging in outdoor activities, or for self-defense, rather than for criminal intent. If the knife was carried for lawful reasons, this could challenge the charges.
Example: A person working in construction or camping may have a legitimate need for a fixed-blade knife or pocketknife. If the knife was not intended to be used as a weapon but rather as a tool, the defendant may be able to argue that their actions were not unlawful.
6. False Accusation or Mistaken Identity
Sometimes, individuals are falsely accused of carrying a dirk or dagger or may be caught with a knife but not intentionally carrying a weapon that falls under Penal Code § 16470 PC. This may involve mistaken identity or misunderstandings regarding the type of knife.
Defense Strategy: If the defendant can prove they were wrongly accused or that the knife in question was not a dirk or dagger, the charges may be dropped or reduced.
Example: If a person is stopped by police and a knife is found in their bag, but the knife was not exposed or locked into position and was not intended to be used as a weapon, they may argue mistaken identity or a misunderstanding about the nature of the weapon.
our clients say it best
Client Testimonials
4. What are The Penalties for Violating Penal Code § 16470 PC?
In California, Penal Code § 16470 PC defines dirks and daggers as knives or other instruments that are capable of being used as stabbing weapons. These knives are specifically designed to cause great bodily injury or death, and as such, they are classified under California law as potentially dangerous weapons. Carrying a dirk or dagger in a concealed manner can result in serious legal consequences, as the law aims to protect public safety by regulating the possession and carrying of such weapons.
In this article, we will explore the penalties for violating Penal Code § 16470 PC, discuss what constitutes unlawful possession of a dirk or dagger, and outline potential legal consequences for those facing charges.
1. What Constitutes a Violation of Penal Code § 16470 PC?
Under Penal Code § 16470 PC, a dirk or dagger is defined as a knife or instrument with or without a handguard that is capable of being used as a stabbing weapon. The law does not specify a required blade length, and it does not matter whether the knife has a handguard. The primary focus is whether the knife can be used to stab and cause great bodily injury or death.
Folding knives and pocket knives are considered dirks or daggers only if the blade is exposed and locked into position. Non-locking folding knives or those that are folded and not exposed are typically not classified as dirks or daggers under this statute.
Additionally, concealed carry of dirks or daggers is illegal in California. It is lawful to carry these knives if they are openly visible or if they are carried for lawful purposes, such as for work or recreation, but concealment without a valid reason could lead to criminal charges.
2. Penalties for Violating Penal Code § 16470 PC
Penal Code § 16470 PC specifically criminalizes the unlawful concealed carry of dirks or daggers. While this statute does not directly specify the penalties for carrying a dirk or dagger, the violation typically results in charges under other related statutes, such as Penal Code § 21310 PC, which covers the concealed carry of dirks or daggers.
Concealed Carry of a Dirk or Dagger (Penal Code § 21310 PC)
If you are caught carrying a dirk or dagger in a concealed manner, you could be charged under Penal Code § 21310 PC, which addresses the concealed carry of certain knives, including dirks and daggers. The penalties for violating this statute are as follows:
Misdemeanor Charges: For a first offense, the concealed carry of a dirk or dagger is typically charged as a misdemeanor. If convicted, the penalties can include:
Up to 1 year in county jail
A fine of up to $1,000
Felony Charges: If you have a prior conviction related to the concealed carry of weapons, or if there are other aggravating factors involved in the offense, you could be charged with a felony. The penalties for felony charges under Penal Code § 21310 PC may include:
16 months, 2 years, or 3 years in state prison
A fine of up to $10,000
Whether the charge is classified as a misdemeanor or felony depends on the specific circumstances, such as the defendant’s criminal history and whether the defendant was engaged in other criminal activity when the knife was discovered.
3. Penalties for Possessing a Dirk or Dagger in a Vehicle
If you are found in possession of a dirk or dagger in your vehicle, the penalties may be similar to those for concealed carry. Penal Code § 12020 PC makes it illegal to possess a dirk or dagger in a vehicle with the intent to use it as a weapon or in the commission of a crime. If you are convicted of possessing a dirk or dagger in your vehicle, you may face:
Misdemeanor Penalties: If the offense is charged as a misdemeanor, the penalties may include up to 6 months in county jail and a fine of up to $1,000.
Felony Penalties: If you have prior criminal convictions or there are other aggravating factors, you may face felony charges, which carry penalties of 2 to 3 years in state prison and substantial fines.
4. Exceptions to the Law
California law does provide some exceptions to the rules governing the concealed carry of dirks and daggers:
Law Enforcement and Military Personnel: Officers of the law and active military personnel may be exempt from some of the restrictions on carrying dirks or daggers while performing their official duties.
Carrying for Legitimate Purposes: If the dirk or dagger is being carried for a legitimate purpose (e.g., for use in work or recreation), and it is not concealed in violation of the law, it may not lead to criminal penalties. However, the person carrying the weapon must be able to demonstrate that it is not being carried for criminal intent.
Open Carry: If the dirk or dagger is openly visible, such as attached to a belt or in plain sight, it may not be considered illegal, assuming it is not being carried with the intent to use it as a weapon.
5. Immigration Consequences
Non-citizens who are convicted of violating Penal Code § 16470 PC or related statutes may face immigration consequences, particularly if the offense is classified as a felony. Violent crimes or crimes involving weapons can impact immigration status, potentially resulting in:
Deportation
Inadmissibility to enter or re-enter the U.S.
Difficulty obtaining citizenship
Non-citizens facing weapon-related charges should seek the advice of an immigration attorney in addition to a criminal defense lawyer to understand the potential consequences for their immigration status.
6. Expungement of Convictions
For those who have been convicted of violating Penal Code § 16470 PC, it may be possible to seek expungement of the conviction under Penal Code § 1203.4 after completing probation or serving the sentence. Expungement allows the defendant to have the conviction removed from their criminal record, which can help restore certain civil rights and improve employment opportunities.
5. What Are the Related Offenses To Penal Code § 16470 PC?
In California, Penal Code § 16470 PC defines dirks and daggers as knives or other instruments capable of being used as stabbing weapons. These knives are classified as dangerous weapons, and carrying them concealed without legal justification is prohibited. Violating Penal Code § 16470 PC can lead to significant legal consequences, including fines, jail time, and criminal records. However, there are several related offenses under California law that deal with the illegal possession, carrying, or use of weapons like dirks, daggers, and other knives. These related offenses may carry even more serious penalties, depending on the nature of the crime and the circumstances involved.
In this article, we will explore some of the related offenses to Penal Code § 16470 PC, which include laws that address other weapons and the illegal possession, use, or distribution of these items.
1. Penal Code § 21310 PC – Concealed Carry of a Dirk or Dagger
Penal Code § 21310 PC specifically addresses the concealed carry of dirks and daggers. This offense makes it illegal to carry a dirk or dagger hidden on your person or in your vehicle unless you have a valid legal reason for doing so (such as for work or recreation). The law prohibits not just the act of carrying these knives, but also doing so in a concealed manner that could be hidden from public view.
Example: Carrying a fixed-blade knife or a folding knife with the blade exposed and locked, concealed in your pocket, would violate Penal Code § 21310 PC.
Penalties for Concealed Carry of a Dirk or Dagger
Misdemeanor: For first-time offenders, the charge is typically a misdemeanor, carrying penalties of up to 1 year in county jail and/or a fine of up to $1,000.
Felony: If the defendant has prior criminal convictions, or if the crime involves other aggravating factors, the offense may be charged as a felony, carrying penalties of 2 to 3 years in state prison and significant fines.
2. Penal Code § 12020 PC – Possession of a Dirk or Dagger in a Vehicle
Under Penal Code § 12020 PC, it is illegal to possess a dirk or dagger in a vehicle with the intent to use it unlawfully. This law also covers the possession of other weapons, including firearms, that are carried in a concealed manner or with the intent to commit a crime.
Example: A person carrying a dirk or dagger in their vehicle without a valid reason (such as for work or self-defense) could be charged under Penal Code § 12020 PC.
Penalties for Possession of a Dirk or Dagger in a Vehicle
Misdemeanor: For simple possession of a dirk or dagger in a vehicle, the penalty may include up to 6 months in county jail and/or a fine of up to $1,000.
Felony: If the individual has a history of weapon offenses or other aggravating circumstances exist, the charge may be elevated to a felony, with penalties ranging from 2 to 3 years in state prison and substantial fines.
3. Penal Code § 626.10 PC – Possession of a Dirk or Dagger on School Grounds
Penal Code § 626.10 PC prohibits the possession of a dirk, dagger, or other dangerous weapon on school grounds. This includes carrying these weapons into or near elementary schools, middle schools, high schools, or college campuses. The law is designed to protect students and staff from the dangers of concealed weapons on school premises.
Example: A student carrying a knife in their backpack on school grounds could be charged under Penal Code § 626.10 PC.
Penalties for Possession of a Dirk or Dagger on School Grounds
Misdemeanor: Possessing a dirk or dagger on school grounds can result in a misdemeanor charge, carrying penalties of up to 1 year in county jail and/or a fine of up to $1,000.
Felony: If the weapon was used in the commission of a crime or was intended to harm others, the offense can be charged as a felony, leading to more severe penalties, including 2 to 4 years in state prison.
4. Penal Code § 16590 PC – Possession of a Deadly Weapon
Penal Code § 16590 PC is a broad statute that makes it illegal to possess a wide range of weapons, including dirks, daggers, and other dangerous instruments, without a valid permit. This law specifically prohibits possession of items that are generally used as weapons, whether or not the weapon is concealed. The offense applies not only to dirks and daggers but also to other dangerous tools like brass knuckles, nunchucks, and certain firearms.
Example: A person found with a concealed weapon, such as a dagger, that is not for a legitimate use (like self-defense or for work) may be charged under Penal Code § 16590 PC.
Penalties for Possession of Deadly Weapons
Misdemeanor: Possessing a deadly weapon without a valid permit is generally classified as a misdemeanor, carrying penalties of up to 1 year in county jail and/or a fine of up to $1,000.
Felony: If the person has a criminal history or there are aggravating factors, the charge could be elevated to a felony, carrying 2 to 3 years in state prison and higher fines.
5. Penal Code § 12025 PC – Concealed Carry of Firearms
Though Penal Code § 12025 PC primarily addresses the concealed carry of firearms, it can also apply to situations involving the concealed carry of knives or other dangerous weapons. If a person is carrying a firearm or a knife, such as a dirk or dagger, in a concealed manner without the necessary permit, they may be charged under this statute.
Example: A person caught with a concealed firearm and a dirk in their possession could face charges under both Penal Code § 12025 PC (for the firearm) and Penal Code § 16470 PC (for the dirk).
Penalties for Concealed Firearm Carry
Misdemeanor: Carrying a concealed firearm without a permit is usually classified as a misdemeanor with up to 1 year in county jail and/or a fine of up to $1,000.
Felony: If the person has prior convictions, or if the concealed weapon was used in the commission of a crime, the offense may be classified as a felony, resulting in 2 to 3 years in state prison.
6. Penal Code § 21710 PC – Possession of a Switchblade Knife
California law also specifically addresses the possession of switchblade knives, which are automatically opened with the push of a button or lever. Penal Code § 21710 PC makes it illegal to carry a switchblade knife with a blade longer than 2 inches. While this statute does not directly apply to dirks and daggers, it addresses other dangerous knives that are typically categorized alongside them.
Example: Carrying a switchblade knife with a blade longer than 2 inches is illegal, and you could be charged under Penal Code § 21710 PC.
Penalties for Possessing a Switchblade Knife
Misdemeanor: Possessing a switchblade knife can result in a misdemeanor charge, punishable by up to 6 months in county jail and/or a fine of up to $1,000.
Felony: If the knife is used in the commission of another crime, the offense can be escalated to a felony, with penalties including 2 to 3 years in state prison.
Protecting Your Rights, Defending Your Future
Get in touch with our lawyers today to schedule a consultation and learn how we can help you. We are here to answer your questions and provide you with the support you need during this difficult time.
Client Satisfaction Is Priority
You Are More Than What They Say
We Always Go The Extra Mile