Criminal Defense Q&A: I’m 13 Years Old — What Can Happen to Me If I’m Caught with a Kubotan Keychain Knife?
Question:
I’m 13 years old. Me and my friends usually go to watch the movie at the evening, and when the movie is done, it’s probably nighttime. I was wondering if it is legal for me to use a Kubotan for self defense at 13.
Answer:
A Kubotan keychain knife is a knife that has an approximately 2″ blade that can only be revealed by unscrewing the tip of the keychain.
As you say, the Kubotan keychain knife is intended for self-defense. However, if police catch you with a Kubotan keychain knife in your possession, you could be arrested and charged with the crime of possession of a concealed dirk or dagger. That offense can be punished as a felony or a misdemeanor. Penal Code 21310.
If you were to use the Kubotan keychain knife, even in self-defense, you could be charged with a variety of weapons offenses including, but not limited to, assault with a deadly weapon (which can be charged as a felony) and brandishing a deadly weapon (a misdemeanor). Penal Code 245(a)(1), 417(a)(1).
A criminal adjudication can result in significant, negative consequences — even for a juvenile.
There are arguments in your favor, to be sure. For instance, it is debatable whether a Kubotan keychain knife satisfies the definition of a “dirk or dagger.” Or, you may actually be able to prove that when you wielded the knife, you did so only in self-defense. But it will take a lot of your (or your parents’) time and resources to vindicate yourself in court.
It may be best to not carry the weapon or, if possible, to avoid situations where you think you might need a weapon.
Read other criminal defense attorney responses at Avvo: I’m 13 Years Old — What Can Happen to Me If I’m Caught with a Kubotan Keychain Knife?
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
