Switchblades are illegal in California but some people are not sure what the difference is between a switchblade and a “normal” knife. In some cases, a person is convicted of a weapons charge for carrying something they thought was entirely legal. At Law Offices of Patrick S. Aguirre we can work with you or your loved one if they are facing a charge in California.
If that charge is related to carrying a spring-assisted knife, keep reading to get details. Then contact us at 800-572-1252 to request a free legal consultation.
The Illegality of Switchblades
The first thing to know is that California law does consider a spring-assisted knife to be a switchblade and all laws applying to switchblades apply to spring-assisted knives. This means that it is illegal to possess a spring-assisted knife in the driver or passenger area of a vehicle, in a public place, or in any place that is open to the public. Likewise, it is illegally to carry a spring-assisted knife or to sell, expose for sale, loan, transfer, offer, or give the knife to another person.
Potential Punishments for Violating the Law Regarding Spring-Assisted Knives
If you are convicted of violating this law, you will be convicted of a misdemeanor. The consequences could include probation, six months in jail, or a fine of up to $1,000 – or any combination of these punishments. If there are other extenuating circumstances, such as the knife being used during commission of a robbery, the consequences can be significantly higher.
Potential Defenses to Switchblade-Related Charges
There are a number of defense options that may apply to your case, depending on the circumstances. We may show that you were indeed caught with a knife but that it does not meet the legal definition of a switchblade. We can show that you did not realize that you had the knife on your person, or that the knife was only discovered during an illegal search and seizure, which should render the evidence inadmissible against you.
We may show that you were falsely accused and were not involved at all, or that there was an emergency that required you to use or transfer the switchblade. For example, if you were under attack and were defending yourself, and someone gave you the knife to protect your life, then you may not be found guilty.
Call an Attorney Today to Find Out What Your Options Are
If you have been charged with any types of weapons charge then we suggest you contact Law Offices of Patrick S. Aguirre at 800-572-1252 now for your free legal consultation. We are standing by to answer your questions, find the best defense options, and reduce the impact this incident will have on your life.