Is a BB gun a deadly weapon in a robbery?

Robbery with a deadly weapon is a very serious offense. In Washington, robbery is a felony punishable by imprisonment from 31 months to 15 years. A fine up to $50,000 can be imposed.

What is a robbery?
As per RCW 9A.56.190, a robbery is committed when a person “unlawfully takes the property of another in his or her presence against his or her will by the use or threatened use of immediate force, violence or fear of injury to that person or his or her property or the person or property of anyone.” The law deems the crime to be a robbery when the perpetrator is armed with a deadly weapon or what appears to be a firearm or other deadly weapon is displayed.

What is a deadly weapon?
In accordance with RCW 9.94A.825, if there was a special allegation and evidence of the defendant or an accomplice being armed with a deadly weapon at the time of the offense alleged, a finding must be made as to whether a deadly weapon was used in the commission of the offense. That finding is made by a judge in a bench trial or a jury in a jury trial. The statute then defines a deadly weapon as “an implement or instrument which has the capacity to inflict death and from the manner in which it is used, is likely to produce or may easily and readily produce death.” The statute then goes on to enumerate instruments that can be used as a deadly weapon, including a pistol, revolver or other firearm.

Guilty or not guilty?
In reading the two statutes as a whole, it’s likely that a person might be found guilty of using a BB gun as a deadly weapon in a robbery. The instrument need only appear to be a deadly weapon. It doesn’t necessarily need to be displayed either. The accused need only be armed with it. Any degree of force is immaterial to the offense.

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