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Assault with a Deadly Weapon

Posted on Jan 21, 2014 by in Criminal Law | 3 comments

Although there are differences between states and jurisdictions, assault with a deadly weapon is classified as one of the heavier forms of assault and is considered as a serious criminal charge. It is described as assault using a deadly object, even though there is no actual physical contact between the object and the victim. Simple assault is considered as those resulting in minor injuries or short amount of violence, while aggravated assault (such as assault with a deadly weapon) is a more serious crime where the other person is exposed to/experience significant level of violence.

Threatening the victim with the deadly object, intentionally using violence or force against towards a person, or any action that can cause the victim to feel emotionally threatened and scared of a forthcoming attack can all account as assault with a deadly weapon. On the other hand, verbal threats are not enough to count as assault, and if physical violence is done then the charge is changed to battery.

Guns, knives, and other instruments designed to cause serious injury or death to another because of their design and function are listed as dangerous weapons, although anything can be used or considered deadly (provided they are used to threaten another person with injury). These things include hammers, bats, sticks or pipes, sharp object, or pieces of clothing. Even animals intentionally trained to cause harm or injury can be considered are a deadly weapon.

Penalties for anyone charged with assault with a deadly weapon could be heavy: this type of offense is considered a felony offense and could give severe prison sentence and hefty fines. Often, these convictions can leave the culprit with difficulties finding employment and can lose their right to carry a firearm. Although there are factors that the judge might consider while hearing the trial, assault with a deadly weapon is still considered a serious felony crime which could impact you for the rest of your life should a conviction be given.


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