Assault with a deadly weapon is similar to other violent crimes, except it includes the use of an object to inflict harm on others. Dangerous/deadly weapons refer to any object that is actually used or threatened to be used in a way that is likely to produce serious bodily injury. If you have been charged with attacking someone with a deadly object, consult a determined assault attorney. Our DC assault with a deadly weapon lawyer could mount an aggressive defense for you.
When a person is charged with assault with a dangerous weapon, the first element of such an offense is whether a violent action occurred. The person charged must have used force or violence, and injured or attempted to injure another person. They must have done so voluntarily and on purpose as opposed to by mistake or accident and the person had the apparent ability to injure the other person. That is commonly referred to as an attempted battery assault where injury does not necessarily mean a physical or visible injury; it could be as minimal as unwanted or offensive touching that does not result in a visible or physical injury. A lawyer in DC could review a person’s charges and determine if their actions constitute assault with a deadly weapon.
An assault can also be committed in a situation where the person carried out a threatening act that created a fear of immediate injury in another person. This is typically referred to as an intent to frighten assault. Both an attempted battery and an intent to frighten assault meet the requirements in the offense of assault with a deadly weapon. In either situation, when the act perpetrated by the person was done with a dangerous weapon, that satisfies the additional element that allows prosecutors to charge an assault with a dangerous weapon offense.
A dangerous weapon is defined as any object that is designed to be used, is used, or is threatened to be used in a manner likely to produce death or serious bodily injury. That does not mean that a dangerous weapon has to be a gun, knife, or other object specifically created as a weapon.
Any object that is used or threatened to be used in a way likely to produce serious bodily injury qualifies as a dangerous weapon. That could mean a baseball bat or objects lying on the street such as a stick. There are many kinds of objects that can be used as a dangerous weapon.
Prosecutors must prove that the object was either designed to be used, actually used, or threatened to be used in a manner likely to produce serious bodily injury. The prosecutors do not need to prove that the person caused serious bodily injury in order to secure a conviction for assault with a dangerous weapon. A DC attorney could further explain what dangerous weapons during the commission of an assault could lead to these charges.
Many people commonly think of dangerous weapons as guns, knives, and other items that are designed as weapons and those items do qualify as dangerous weapons. Under DC law, any object that is actually used or threatened to be used in a way that is likely to produce serious bodily injury can also be considered a dangerous weapon.
That includes items such as:
While these items are not designed to be weapons, if used in a certain way, a beer bottle is likely to produce serious bodily injury, especially when the beer bottle is broken. There are a number of different items that can be called dangerous weapons that could be used in the commission of an assault since that definition is fairly broad.
Assault with a deadly weapon is defined as a felony-level offense. This is because assault with a dangerous weapon carries a maximum possible penalty of up to ten years in prison and fines up to $25,000. Because of the serious penalties associated with this crime, contact a DC assault as a deadly weapon lawyer if you have been charged. Our team could pursue a positive outcome for you.
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