If you hear that someone is charged with assault with a deadly weapon, you likely think of a gun or other obviously dangerous weapon. The truth is that in California law, the term “deadly weapons” does not just refer to things that are designed to be weapons. As one case shows, just about anything can be considered a weapon – even car keys.

Read on to find out more about this particular case. If you have been charged with assault or a weapons charge then you will want to contact an attorney as soon as possible. Reach out to Law Office of Michael L. Fell at (949) 585-9055 now for your free legal consultation.

The legal case in question

The case in question involves a man, Mr. Koback, who wanted into a rental car company, stole some car keys, and tried to leave. Several employees confronted him, at which point he threatened them and put the ignition key between his knuckles. He balled up his fist around the keys and swung at one of the employees. He did not hit them and immediately fled the scene.

Koback was arrested shortly after fleeing and was convicted of a series of crimes, including robbery, resisting arrest, and assault with a deadly weapon. He appealed the conviction for assault with a deadly opinion on the grounds that keys are not a deadly weapon. However, the California Court of Appeals upheld the original conviction.

What the court had to say

The Court of Appeals found that though car keys are not dangerous on their own, if they are used as a makeshift weapon, are used with force at close range, and put a person in danger of losing their lives, then it can be considered to have the potential to cause bodily injury.

What the law says

The California Penal Code discussion “deadly weapons” describes them as any object that is used in such a way as it is capable of product and is likely to produce great bodily injury or death. The court likes at whether or not the object is used in a way that can product death or great injury. Because Koback put the key between his knuckles, the court felt that he gave himself a sharp object. If swung with enough force, the court held that he could have committed severe injury.

Have you been charged with assault with a deadly weapon?

If you have been charged with any type of assault then your next move is to contact an attorney. The reality is that you could be facing years in prison and fines of up to $10,000. It is also true that a criminal defense attorney is likely to be able to help you. Reach out to Law Office of Michael L. Fell at (949) 585-9055 now for your free legal consultation.