When individuals are arrested for the use of a deadly weapon, the charges can envelop a lot of different situations. For example, in some courts, a car may be considered a deadly weapon if the vehicle is driven into a victim on purpose to inflict harm. Naturally, knives and guns are regarded as deadly weapons, and oftentimes courts will also considered bats, bars, and other heavy items as deadly weapons if they are swung with the intention to harm an individual.
In some courts, the judge will deem rocks or stones thrown at a victim to be deadly weapons, or will considered a pocketknife a deadly weapon as well. In addition to this, walking sticks can be considered deadly weapons, and so can umbrellas, heavy purses, plates, and more. Likewise, the body itself is considered a deadly weapon in some courthouses. When you are arrested for the use of a deadly weapon, your penalty will depend on the state where the crime takes place.
For example, in California the body can't be considered a deadly weapon in the context of assault with a deadly weapon. This is regardless of whether or not the body inflicts deadly force. Accessories used on the body can be considered deadly weapons, such as brass knuckles used to inflict a punch. Yet in Texas, Ohio, and Kentucky, the courts have all declared that the human body can be a deadly weapon under certain circumstances and cases can be prosecuted in this nature. Courts in various states have declared that elbows and knees, hands, teeth, feet, and the moth can all be considered deadly weapons in some circumstance.
The court will normally consider the use of the body part to inflict harm before issuing a deadly weapon charge. If the individual hits, kicks, or inflicts a blow with a limb, then the body part may be considered a deadly weapon. Typically, the court will also look at the degree of force used and the extent of the victims' injuries as a result. As well, individuals will factor in the number of times that the defendant struck, kicked, or bit the victim during the attack, and the location of the injuries on the victim's body. Once they have inspected all of this evidence, the court will determine whether or not the body should be considered a deadly weapon.
Courts can determine the danger of the human body on a case-by-case basis. Normally, an assault involving punching won't be considered assault with a deadly weapon, but if the victim suffered a severe beating then the charges could be different. Courts also have declared that hands can be deadly weapons if they are used to push, drag, suffocate, or choke a victim. In some states, such as Texas, the defendant's martial arts training may make the body a deadly weapon. This means that if you use your martial arts skills to attack, you may want to be prepared for the harsh charges you may incur.
Other states, such as Illinois, have specific rulings announcing that an individual cannot be prosecuted for assault with a deadly weapon for using martial arts unless there are external weapons involved. For example, if an individual used nunchucks or a sword in his attack, then these would be considered deadly weapons in some court cases.
Some courts also rule that the type of shoes worn during an attack can be considered deadly weapons, especially if they are cleats that can inflict extreme injury. In Arkansas, an ordinary shoe cannot be a deadly weapon, but steel-toed boots may qualify. Also, some courts will consider stiletto high-heels to be deadly weapons because of their ability to impale.
Normally, courts will focus on the extent of injuries when determining whether or not an individual us guilty of using assault with a deadly weapon. Normally if the victim is rendered unconscious, suffers serious brain damage, or has a fractured skill, then the deadly weapon charge will be considered. Talk to an attorney today to learn more about your specific case and whether or not you may be charged for assault with a deadly weapon given your circumstances!
