Legal Question in Criminal Law in Texas

Re: 4 1/4 Folding Knife is Illegal? (NOT a Switchblade)

The Texas Penal Code Provides the following definitions:

(6) "Illegal knife" means a:

(A) knife with a blade over five and one-half inches;

(B) hand instrument designed to cut or stab another by being thrown;

(C) dagger, including but not limited to a dirk, stilletto*, and poniard;

*So in original. Probably should be "stiletto".

(D) bowie knife;

(E) sword; or

(F) spear.

In other words, while the knife doesn't fit the length part of the definition, state law does define an illegal knife as one that could be considered a "dagger." American Heritage Dictionary commonly defines a "dagger" as: "a sharp pointed weapon with edges." Technically, your knife might possibly be considered a dagger.

The Penal Code, further defines a knife as:

(7) any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.

From the description you have given, I am assuming the following definition from the Texas Penal Code will not include the knife you were carrying and therefore is not considered a switchblade:

11) "Switchblade knife" means any knife that has a blade that folds, closes, or retracts into the handle or sheath, and that:

(A) opens automatically by pressure applied to a button or other device located

on the handle; or

(B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.

Under the scenario you have given I am assuming you were arrested for the following:

Under �46.02, entitled,"Unlawful carrying weapons," the Texas Penal Code says the following:

(a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

If your knife falls under the category of a dagger, which I have not done any case law research to verify one way or the other, then he probably claims the knife is a "dagger." Hence, an illegal knife, and therefore he believed he had grounds to arrest you for unlawfully carrying a Weapon, i.e., an illegal knife. That doesn't mean that the charges cannot be fought or defended. You need to hire an attorney, who will research the issue much further. I am giving you this answer based on the brief description you have given me. Your attorney will also need to see the knife first hand.