Tweet
Haha...you dont know what the wird adapted means. Awwww poor guy.
-
-
Proving Assault with a Deadly Weapon
To prove an assault with a deadly weapon charge, the state must also show that a defendant actually used a deadly weapon or dangerous instrument. Many states define guns or firearms as deadly weapons. However, a variety of instruments can be considered a deadly weapon. The definition is set out by each state's penal code, but usually involves some evidence that the deadly weapon was used or intended to be used in a way that was capable of causing death or serious bodily injury.
A deadly weapon finding does not generally require proof that a victim was actually injured, only that the instrument was capable of causing the serious injury. Continuing with the school zone example, thousands of people drive cars every day and in their ordinary use, cars are not considered deadly weapons. If a defendant uses the car in such a way that is capable of causing serious bodily injury by erratic driving and unsafe speeds, the use of the vehicle could qualify it as a deadly weapon or dangerous instrument.
Other items which courts have held to be deadly weapons include knives, clubs, baseball bats, and hammers. Sometimes a substance can also be considered a deadly weapon. In Fort Worth, Texas, a man was charged and convicted of aggravated assault with a deadly weapon, namely his semen or bodily fluids, because he was HIV positive and knowingly engaged in unprotected sexual activities with multiple partners, thereby recklessly infecting them with the HIV virus. Most defenses to an assault with deadly weapon charges stem from what is considered an assault or a deadly weapon.Comment
-
Oh thats right...dogs are also people.
This is more eye opening than i thought...and massively worrisome that you are truly of this mindset.Comment
-
I'd buss some caps!Comment
-
Yeah, before I knew the law I had actually ordered a retractable police baton and carried it in the DRINK POUCH of my backpack when I was in college. I carried that thing fully exposed for all to see for something like 2 years. I guess most ppl though it was a maglight or something.Originally posted by LANTIRN View Post
One time I was pulled over for no front plate and it was a Northlake cop. He saw it sitting in my backpack, front seat of my car and said it was illegal to have one of those. I told him about all the muggings on campus and he said don't ever bring it out again and let me go.
Looking back, that could have become real bad for me had it been a not so friendly cop.
I can carry a .45 Caliber handgun that will deal instant death, but not a retractable baton to non-leathally fight off dogs, cats, bums, mother in laws. *sigh*
Now it stays by the front door to scare off Jehovas witnesses or salesmen that ignore the "NO SOLICITING" sign.
Comment
-
Simply carrying and using it doesn't "specially adapt it" for the purpose of assaulting someone.Originally posted by 03trubluGT View PostWe aren't talking about aggravated assault or deadly weapons. We're talking about illegal clubs, which are, again, "specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument"Originally posted by 03trubluGT View PostYou sir, are an idiot.
Did you not see the caveat "... adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument" ?
Can Everyday Items be Considered Deadly Weapons?
In addition, normal, everyday items can be classified as deadly weapons. This all depends on the way that the item is used. For example, if a pair of scissors is used to inflict serious harm on another person, the scissors may then be considered a deadly weapon, even though they weren’t designed for that purpose.
Other examples of everyday items that are often used as deadly weapons may include:
■Sports gear like baseball bats or golf clubs
■Sticks or branches
■Chains or other metal items
■Sharp implements like shaving razors or even pencils
■Items that can be thrown
Some jurisdictions even consider pet such as a dog as a deadly weapon, depending on the circumstances. For example, if the dog has been trained to attack on command, and the owner commands it to do so, the dog might be considered a deadly weapon. Also, in some areas, the hands and feet of a trained martial arts expert (like a black belt) must be registered as deadly weapons.Originally posted by BroncojohnnyComment
-
"Break his fucking neck Riggs"Comment
-
You don't have a clue of what you are talking about.Originally posted by Ruffdaddy View PostComment
-
You don't have to hit someone with it for the object to be considered a club.Originally posted by Nash B. View PostComment
-
Just kick the dog's ass! Film it so we can laugh.Comment
-
No, but for it to be an "illegal club," it must be ""specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument." A regular baseball bat or golf club does not meet that definition.Originally posted by 03trubluGT View PostOriginally posted by BroncojohnnyComment
-
It does as as soon as you use it or threaten to use it as such.Originally posted by Nash B. View PostComment
-
So how does that define possession of said "illegal" baseball bat? You can say that for anything in this world, hell an apple can be thrown at someone to assault them. Does that make it illegal because it CAN be used in a threatening manner? lolOriginally posted by 03trubluGT View PostComment
-
no, that may make it a deadly weapon but it would not make it an illegal club.Originally posted by 03trubluGT View PostOriginally posted by BroncojohnnyComment
Comment