Possession of a Switchblade
It is illegal to possess a switchblade knife under California Penal Code Section 21510. Obviously, Los Angeles County has so many issues with weapons and guns that if the police catch you with a switchblade knife, they're definitely going to arrest you and charge you with that crime.
I'm trying to figure out the difference between a switchblade knife and a pocket knife, for example. A switchblade can be automatically released, and obviously, its purpose is to conceal it and use it in an illegal manner, whereas a pocket knife folds.
You have to use your hand to open it up manually. So, the aspect of the switchblade knife that obviously is being looked at by the prosecutors and police, and even a judge, is the fact that you can conceal it, bring it out, and use it in a confrontation.
If they find out that you possess a switchblade knife, they'll look at why you're possessing it. If you're possessing it to “protect yourself,” you can bet your bottom dollar that you'll be prosecuted and face up to six months in jail.
It's a misdemeanor crime. It's definitely something you don't want on your criminal record in Los Angeles, California, or anywhere else because of the consequences. When you go, look for a job, or someone runs your criminal background, they are going to be able to find that possession of a switchblade knife on your record.
Defenses To Possession Of A Switchblade Knife
One defense is that the knife is not operable – meaning it doesn't operate as a switchblade; even though originally it operated as a switchblade knife, it doesn't anymore, and therefore, it's not serving the purpose of being dangerous to be able to whip it out and use it in a confrontation.
If something looks like a pocket knife rather than a switchblade knife, that would be a defense. In other words, someone has to actually manually open it up, and it has different uses than a switchblade knife.
The problem with a switchblade knife is its main purpose from a law enforcement-prosecutor standpoint is to be used in a deadly confrontation, and obviously if you stab somebody with a knife, you can kill them. That's what they are concerned about.
Again, a lot of people say, I wasn't going to use the switchblade knife. Somebody gave it to me as a gift. It's something like an antique – there's some other reason that they're not holding it for purposes of actually using it in a violent confrontation.
This would not be a defense to possessing a switchblade knife because the mere fact that you're possessing it makes it illegal and subjects you to punishment.
Add to that the fact that the switchblade knife is being possessed to be used in a deadly way, like you're headed to a fight with it, or you're claiming that you're carrying it for your protection.
This is what a lot of people say when the police pull them over, and some sort of a deadly weapon is found on them in Los Angeles; in that case, it's even going to be worse for you, and you have a good chance of getting some jail time because that's the exact reason they don't want people possessing switchblade knives.
Steps to Take if Charged with Possession of a Switchblade Knife
Your best procedure is to contact a criminal defense attorney who has represented people who have been charged with this crime before.
When I meet with people, we go over everything. We go over the circumstances of the police finding it. Maybe it was an illegal search, and we can use that as a defense.
Once we determine whether or not the police illegally obtained the switchblade knife from you, the next thing we're going to do is if we have to fight the case or we're going to have to negotiate the case; we need to talk about why you had the knife.
We need to look at the knife and how it will look to the prosecutors if they get their hands on it and can actually see it. Obviously, the more dangerous it seems to them, the more they will be concerned that you are going to use it for some illegal purpose and hurt somebody.
They'll want to punish you and take precautions so you can't hurt another member of the community. One of the biggest things that the prosecutors are tasked with doing in seeking justice is protecting the general public.
So, if you've got a switchblade knife in Los Angeles, they are going to be looking at you as somebody who they need to be concerned about. They're going to put certain probationary terms on you – for example, you're not allowed to own, use, or possess a deadly weapon – not just a switchblade knife but other weapons as well.
So, I'm interested in getting your version of events out. I'm interested in strategizing with you in the beginning to figure out our best course of action. Once we know what it is, I'm going to tell you what you can do to help me. I'll let you know what I'm going to do to help you.
This will help you because you'll have an idea of what you're up against, what you're looking at, and what you're facing. Then, you can do what you can to help me by getting character letters.
For example, give me a factual scenario that I can discuss with the judge and the prosecutor so we can get you the best resolution that protects your rights, freedom, reputation, and criminal record. Call the Hedding Law Firm to review your case.
