Unbelievable as it may seem, there have been instances where the courts have deemed a pebble to be a deadly weapon. Criminal law generally stipulates that anything that has the potential to cause death or serious injury can be deemed a "deadly weapon" provided it meets certain criteria.

To understand more about this statute and how to defend against assault and battery accusations, keep reading. Then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation if you are facing these charges.

The definition of a deadly weapon

Assault with a deadly weapon is defined by California law as an assault that was either carried out with a deadly weapon, as the term suggests, or with such significant force that serious bodily harm was likely. When using a dangerous weapon in an assault, the prosecution has the option of charging either a felony or a misdemeanor.

Additional illustrations of "deadly" weapons

Of course, actual weapons like guns, knives, and other implements qualify as deadly weapons. Other examples include empty firearms, bottles, pencils, BB guns, dogs trained to attack people, and a car used to run someone over. As you can see, practically anything has the potential to be "deadly" when employed appropriately.

Examples of great bodily injury

Any form of harm that has the potential to cause serious and/or long-lasting injuries is considered to be a "great bodily injury" by the courts. Dog bites, broken bones, gunshot wounds, black eyes, burns, and cuts can all fall under this category.

Think about these cases of using a deadly weapon in an assault

Here are a few illustrations of how this functions. Imagine if a driver shoots the driver of the other car with their gun after having a fit of road rage because they feel like they were cut off. Imagine a scenario in which a lady stabs her lover during an argument with a nail file. Imagine a man ordering his huge attack dog to attack a neighbor.

Notably, none of these situations need the person to effectively cause the other person harm. They only had to be capable and intend to do it. These threats would not reasonably put anyone at danger if the woman fighting with her boyfriend had used a plastic straw or if a man had ordered his calm cat to strike.

Potential repercussions for using a deadly weapon in assault

This is a wobbler crime that can be prosecuted as a felony or a misdemeanor. It could result in up to a year in county jail and a fine of up to $1,000 if charged as a misdemeanor. A felony conviction carries a maximum sentence of four years in jail and a maximum fine of $10,000.

For a free legal consultation if you have been accused of this offense or one similar to it, call Law Office of Michael L. Fell at (949) 585-9055. We can determine the appropriate defense strategy for your particular situation.