Particular kinds of knives including switchblades, spring-loaded knives, spears, swords, and daggers are prohibited. If you or any of your family members are victims of knife violence, how you can recover the damages from the assailants and their employers. Local regulations differ and laws vary from state to state. The intent to use the same unlawfully against another. Any knife can become a ‘dangerous knife’ and create the risk of a criminal conviction even in the absence of criminal conduct on the part of the possessor. There were over 245,000 crimes reported in Stanislaus County, California between 1999 and 2008. Legal Rights and Obtaining Legal Assistance. Updated August 13, 2019, by Daniel C. Lawson. Privacy & Security. Stanislaus County Superior Court currently is comprised of 4 locations, which are determined in accordance to the specific hearing. AKTI is not, and cannot be, a legal service provider. The defendant did not display or brandish the knife, which had remained in his pocket. *NOTE: Hours for research window are: Monday - Friday, 8:00 a.m. - 12:45 p.m. Stanislaus County Law Library at 1101 13th Street, Modesto, CA. 2d 589 (1983), involved a person under the age of 16 who was observed threatening another juvenile, and then an adult with a gun: At the fact-finding hearing evidence was introduced that on January 31, 1980 [defendant], then under 16 years of age, and another youth were observed with guns attempting to rob a youngster and that when a passer-by went to the assistance of the youngster the two youths told him to get away or they would blow his head off. Protecting your rights is our main objective. Possession of a dangerous knife, – or any dagger, dirk, or stiletto – along with. Once dispatched, the agencies move to their respectful Command Channels. In the case of People v Berrezueta 31 N.Y.3d 1091 (2018), a knife described as having “a spring-loaded portion of the blade of the knife protruding from the handle of the knife” was observed in the pocket of the defendant who was convicted of possessing a switchblade pursuant § 265.01(1). Bringing a knife with 2 or more inches blade, keeping it in the vehicle, or in public area is an offense. 250 E. Hackett Rd. Since 2002, Stanislaus Community Foundation has been a catalyst to transform local resources into common good through smart, strategic philanthropy. This new facility will replace the existing Modesto Courthouse, the adjacent Hall of Records Building, the Ceres Courthouse, the Turlock Courthouse, and three leased facilities. This is not a theoretical problem. New York City Ordinance - Under four (4) inches maximum blade length. People in the knife community would refer to the knife in question as an assisted opener. March 20--NORFOLK -- A Norfolk police officer stands trial Tuesday because he shot and killed a 72-year-old mentally ill man armed with a knife three years ago, and the man's family wants $2.5 mil Stanislaus County, California Browse more than one million listings, covering everything from criminal defense to personal injury to estate planning. AKTI suggests that you consult legal counsel for guidance. New York State law regarding the possession of knives is amorphous and confusing. A crime is reported on average of every 21 minutes in Stanislaus County, CA, which results in over 24,000 reports every year. New York law defines “switchblade knife” as follows: “Switchblade knife” means any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife. If you are certain your inmate is in Stanislaus County Public Safety Center, or at the very least in Stanislaus County County, go to this page to search for them. Since knives have the risks of hurting others, and if somebody is hurt, or property is destroyed while you are using a knife, you can be held responsible in a civil lawsuit and/or be charged in a criminal court. N.Y. Penal Law §265.15. We have been representing clients for the past 30 years and our experienced team of attorneys will advise you of the legal consequences of every decision you take. It is impractical to create an exhaustive list of all locations and circumstances where a given knife may not be legal. One state law states that owning a banned knife produces a presumption that the individual aims at using it against somebody else in illegal manner. The circumstances in the Richards case were that the defendant was a casual street vendor seeking to interest a buyer to purchase a Sponge Bob balloon. PC 653k. Family Law Clerk's Office at 1100 I Street, Modesto, CA during regular business hours. People v. Galindo, 23 NY3d 719 (2014). However, an item suitable for stabbing or cutting which resembles a knife and is promoted as a ‘tactical letter opener’ may be prohibited. There is a more extensive “shall not apply to” exemption for law enforcement and persons in the military at § 265.20 (a) (1) which provides: Paragraph (h) of subdivision twenty-two of section 265.00 and sections 265.01 , 265.01-a, subdivision one of section 265.01-b, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37 and 270.05 shall not apply to: 1. When [defendant] placed his hand at his belt line one of the officers ordered him to remove his hand. Rather, the court looked to a different portion of the NY Penal Code where it was able to find a definition of “dangerous instrument” and stated: The definition of a “dangerous instrument” found in subdivision 13 of section 10.00 of the Penal Law* is not made explicitly applicable to the term “dangerous knife” in section 265.05. Unlawful Possession of Weapons by Persons Under Sixteen Penal Law § 265.10. (RC), and Minimum Housing Unit 1 or Unit 2 (UT). In recent years, California voters and the state legislature created a legal framework to regulate the cannabis industry. He appealed to the New York Appellate Division, an intermediate level appeal court, which ruled that the steak knife was not a dangerous knife “within the contemplation of the statute.”. Federal law does not preempt the NY Penal Code. Avoid using a knife while you are under the influence of drugs and/or alcohol. It is unlawful persons who are not U.S. citizens to possess any of the weapons described in § 265.02 even if the presence of such person in this country is authorized by federal Law, although, New York passed a law on June 17, 2019 which will allow illegal aliens in the state to apply for New York State issued driver licenses. Criminal Possession of a Weapon on School Grounds Never allow children to play with or near knives. The exact same charges had been attempted six months earlier in the May 2018 case of People v. Magnaye 2018 Slip Op 50694 in which the Court similarly dismissed a charge of Criminal Possession under § 265.01 where the circumstances of possession were no more remarkable than that the defendant had a pocketknife in his right front pocket: So viewed, the information charging criminal possession of a weapon in the fourth degree . As of November 1, 2019, an amendment signed into law regarding “undetectable knives,” became effective. Sections 265.01 and 265.05 are both part of NY Penal Code § 265 (Firearms and Other Dangerous Weapons) and terms such a dangerous knife would have the same meaning in both. California Penal Code 211 PC defines the crime of robbery as “the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” Robbery is a felony that carries a penalty of up to 9 years in state prison.. What being charged with violating your state’s knife law means such as the elements of the crime, probable defenses, and the duration of any criminal sentence. There were 177,000 thefts, over 1,300 rapes, and about 200 murders. New York remains resistant to the fact that an individual’s right to keep and bear arms for defensive purposes as memorialized in the U.S. Constitution applies in New York State and in New York City by reason of the holding of the US Supreme Court in McDonald v. Chicago, 561 US 742 (2010). Most people carry knives so that they may be equipped to address the myriad tasks of everyday life; equipped to respond to some, unforeseeable but possible emergency, situation; and as a possible defensive weapon. Stanislaus County (/ ˈ s t æ n ɪ s l ɔː (s)/ STAN-i-slaw(s)) is located in the Central Valley of the U.S. state of California.As of the 2010 census, the population was 514,453. John S. Lv 7. Answer Save. The States in US have varying opinions and views regarding this question. Gravity knives were removed from this prohibited category. As of the 2010 census, the population was 514,453. See § 265.02. Definitions US federal law prohibits the shipment of automatic and self-opening knives such as switchblades across the states. If there is any consistency in New York law, it is that knives are less welcome than illegal aliens. The prosecution may expose someone to the expense, and inconvenience of a criminal trial along with the risk of a criminal conviction without good faith evidence of criminality. Persons under the age of sixteen (16) may not possess a "dangerous knife .". If you find the State Knife Laws useful please consider an AKTI membership or making a contribution to AKTI. We also respond to service calls from area residents reporting or needing assistance with stray, injured, lost, dead, nuisance or dangerous animals. Gravity knives were removed from this prohibited category effective May 30, 2019, due in part to the efforts of AKTI. In legalese this is referred to as reading statutes in pari materia. The New York prosecution authorities were un-satisfied with such an outcome and took an appeal to New York Court of Appeals which is the highest court in that state. 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