Under California Penal Code 21510 it is criminal offense to carry a switchblade knife on one’s person, possess in the driver’s area of a vehicle in a public place, sell or offer to sell or provide a switchblade to another person.
PC Section 21510 makes it illegal to:
Prosecutor must establish the following elements to prove that a defendant is guilty of carrying or providing a switchblade.
California Penal Code Section 17235 defines switchblade knife as following:
There are many types of knives that can qualify a switchblade, such as gravity knives, butterfly or batanga knives, spring blades and snap blade knives. A “switchblade knife” does not include a type of knife that can be opened with one hand by putting thumb pressure on a stud which is attached to the knife.
California PC Section 17235 provides an exact description of a switchblade and in case the knife lacks the characteristics of the legal definition, defendant can’t be held criminally liable.
Lack of knowledge of presence
Defendant must be aware of carrying a switchblade on his person or vehicle. In case he didn’t know that it was in his bag or car then this defense can be applicable. The burden of proof is on the prosecutor, but defendant will have to show some evidence that the bag, coat or car belonged to another person.
Under Penal Code 21510 Carrying a switchable is a misdemeanor and can be punished by:
Defendant is more likely to be sentenced to jail time instead of probation in case the following aggravating factors are present:
Related Offenses
If you or a loved one has been charged with Penal Code 21510 carrying a switchblade we invite you to contact our office for a free consultation with a skilled and experienced Glendale criminal defense lawyer.
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