Many assume that an assault with a deadly weapon offense can only be charged when an individual assaults someone with a deadly weapon and the assault causes or had the potential to cause the victim bodily harm. While most individuals use a very narrow definition in their mind when it comes to what is considered to be a deadly weapon, the law has a much broader definition than you might think.
Common Examples of Assault With a Deadly Weapon
It is much easier to understand the charge when you hear common examples of cases that have been heard and cases where the offender has been convicted. Here are some situations where defendants have been found to be guilty of assaulting another with a deadly weapon:
* Pointing a gun at someone’s head and threatening to shoot.
* Swinging a knife in a stabbing motion with the intention to injure someone.
* Chasing someone with an ax with intent.
* Purposely using your car to hit a pedestrian or another driver.
* Hitting someone with a baseball bat or other sports gear to cause injury.
What is the Legal Definition of a Deadly Weapon?
The law has to define various subjects and people when they are written into a piece of legislation so that everyone understands who is defined as a victim and when the law has been broken. Any legislation when assault with a deadly weapon is the topic will have a very detailed definition of what is considered to be a “deadly weapon”.
The legal definition of a deadly weapon does not only include weapons or instruments that were designed to be weapons and that are intended to do harm to a living thing. Some examples of things intended to do harm include knifes and guns. The legal definition also includes things like blunt objects, hand tools, power tools, broken bottles, dogs, musical instruments, sports equipment, or even a two-wheel or four-wheel vehicle. Basically speaking, any object that is used as a weapon and that could lead to serious harm could fall into the definition.
The law is so broad when it comes to defining a deadly weapon because there could be loopholes if it was not. By making the definition broad, anytime someone assaults an individual with a weapon or instrument that could lead to something qualified as great bodily injury then the offender can be prosecuted under a court of law. Be sure you know not just the definition of great bodily injury, but also of a deadly weapon.
To speak to an attorney regarding your charge of assaulting with a deadly weapon, call 206-621-0500 or contact us online.