Stupid question
- Thread starter Big Don
- Start date
It depends on context. Generally anything that can be used with intent to hurt you can escalate an offense to being "armed". I'll try to post more detail later when I am not using my phone.
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To expand...
A lot depends on state law, and often on the particular offense. For example, in Virginia, for carrying or possessing a concealed weapon, the item in question must be a "weapon" unless specifically enumerated in the code section -- briefly, an implement designed to fight with. So, an 8" chef's knife carried hidden up someone's sleeve is NOT a concealed weapon. But, if that person uses that same knife to commit a robbery, it's an armed robbery. Confusing, huh?
Like I said, basically, if it's being used in an attack or against you, a weapon is anything reasonably likely to cause injury in the manner it's being used. Swing a 3 foot length of 2x4 at someone, and you're attacking them with a weapon -- and I'd even argue a deadly weapon. Same thing with a baseball bat or a piece of rebar. In some places, even a boot can be a deadly weapon. Generally, a deadly weapon is anything likely to cause serious bodily harm or death, and a weapon in that sense is anything likely to cause bodily harm or death. And it may well come down to the interpretation and assessment of a cop or prosecutor.
A lot depends on state law, and often on the particular offense. For example, in Virginia, for carrying or possessing a concealed weapon, the item in question must be a "weapon" unless specifically enumerated in the code section -- briefly, an implement designed to fight with. So, an 8" chef's knife carried hidden up someone's sleeve is NOT a concealed weapon. But, if that person uses that same knife to commit a robbery, it's an armed robbery. Confusing, huh?
Like I said, basically, if it's being used in an attack or against you, a weapon is anything reasonably likely to cause injury in the manner it's being used. Swing a 3 foot length of 2x4 at someone, and you're attacking them with a weapon -- and I'd even argue a deadly weapon. Same thing with a baseball bat or a piece of rebar. In some places, even a boot can be a deadly weapon. Generally, a deadly weapon is anything likely to cause serious bodily harm or death, and a weapon in that sense is anything likely to cause bodily harm or death. And it may well come down to the interpretation and assessment of a cop or prosecutor.
- Thread Starter
- #4
Thanks. A friend of the family actually was arrested for assault with a deadly weapon after laying out some mofo and then kicking him in the face with his steal toed boots until they pulled him off.
OKenpo942
Purple Belt
"Laying out some mofo" does not concern me in the slightest if it happened in the defense of oneself, however, kicking someone with a steel-toes boot repeatedly until others pulled him off is worthy of concern. If he was knocked unconscious from the initial "laying out" or at some point during the dance routine, it is probably safe to say that the "mofo" was no longer a threat and was probably incapable of doing any more harm if any was done at all. I think your friend has some legitimate legal concerns. Just my thoughts.
Maybe more of the details would be helpful.
James
Maybe more of the details would be helpful.
James
WC_lun
Senior Master
Here in MO "armed" depends upon if a weapon is listed in the statutes. For example, if you attacked somone with a rope, it would not be considered "armed" assault, however attacking someone with a brick is considered armed assault. Our non-weapon laws are sarting to get tougher though, so even assaults that aren't armed can carry some pretty stiff jail time, especially if the victim was injured.
A good rule of thumb for the term armed, is if it is a man made weapon. Pocket knife = not Armed... Rambo Knife = Armed.
Sean
Sean
David43515
Master Black Belt
You`re best off actually reading your states statues (usually available online). You can usually find them by searching knife laws or CCW laws. Some staes have specific definitions of what constitutes a weapon and others are purposely vague. And some are so strict that you`d be amazed what you`re technically not allowed to have on you. And just as jks stated, in some places a clearly dangerous item isn`t a weapon unless you intend to use it as one. (ie: NEVER tell anyone you carry an item for "self defense" because you just admited it`s a weapon. This knife is for cutting fruit and opening packages, this pocket stick is to make my keys harder to lose, this 4-5cell flashlight is in case my car breaks down at night, my pen is steel because it makes it easy to spot amongst the clutter on my desk, etc.) The worst part of this situation is that some states reserve the right to make weapons laws just to the state, and some allow every county and town in the state to make their own laws and ordinances.
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It really depends on the state. Back in New Yorkistan, when I was a small child, a nursing acquaintance of my mom's was accosted in an elevator, and stabbed her assailant with scissors from her purse. Because they came from her purse, she was charged not only with assault with a deadly weapon, but carrying a concealed weapon-the scissors she had to have for her profession. The charges were, of course, dropped-this was like 1967. My sister is a chef, and has to be careful about carrying her kit of knives in certain places, for the same sort of reasons, especially when she was still in NY-here in NM, I don't think anyone really cares....When I was mugged in NYC, there were no charges, for a variety of reasons, but assault with a deadly weapon, carrying a concealed weapon and manslaughter were all under discussion-for a pen.
Since you're in Californiastan, and since he was kicking a guy he'd downed, there are a few questions that are relevant:was the guy on the ground armed? Did he try to get up? How many times did your friend kick him?
And, of course, these questions should be asked by his lawyer, who is the only one he should say anything to.
Since you're in Californiastan, and since he was kicking a guy he'd downed, there are a few questions that are relevant:was the guy on the ground armed? Did he try to get up? How many times did your friend kick him?
And, of course, these questions should be asked by his lawyer, who is the only one he should say anything to.
- Thread Starter
- #10
He installed ductwork he was working inside one in August, 110 degrees out and the guy latched the door, effectively locking him in. This was minutes before quitting time, after kicking his way out, he went to the bar where the crew hung out, asked the guy to step outside, and proceeded to beat him.
IIRC, he kicked him, in the face and head, 10 or 12 times before being dragged off.
IIRC, he kicked him, in the face and head, 10 or 12 times before being dragged off.
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Unless he gets F. Lee Bailey, he's gonna go to jail. And F. Lee Bailey is dead.
- Thread Starter
- #12
This was about 20 years ago, he got off, I can't remember the details, but, he did not do anytime once released on bail the morning after. I'll see if he'll tell me the story again, it's kind of a sore subject, so, don't hold your breath.
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Oh. I can see getting off in California for that 20 years ago. F. Lee Bailey was still alive, after all......:lfao:
Xue Sheng
All weight is underside
:duh: Man that’s a stupid question :uhyeah:
Seriously as it has already been stated it depends on the statebut if you really want something to read as well as a nice nap somewhere look at this
New York State Law
ARTICLE 265 FIREARMSAND OTHER DANGEROUS WEAPONS
ARTICLE 120 ASSAULT AND RELATED OFFENSES
