Sometimes it’s easy to determine if a weapon is deadly or not. Other times, however, the definition is a little trickier. There are a lot of cases where a person is charged with assault with a deadly weapon, even if the object used as a weapon doesn’t seem dangerous at first glance. Here are a few examples of deadly weapons.
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Guns are probably the most obvious type of deadly weapons. They are weapons specifically designed to cause great bodily harm. For the court, the weapon doesn’t necessarily have to be loaded to be considered deadly. It needs to be in a working condition, however. Different types of firearms are pistols, shotguns, and rifles.
Knives and Blades
Knives and blades of different types are also a common form of deadly weapon. In Colorado, knives longer than three and a half inches are illegal to carry concealed. Knives are not usually considered deadly by themselves. In order to be deadly, a knife needs to be used while committing a crime. Fishing knives and hunting knives are legal to carry in Colorado.
Cars and motorcycles can be a deadly weapon in certain conditions. Because of their size, cars and trucks are very dangerous, especially when the driver is impaired. Some of the situations where a car can be a weapon are drunk driving, reckless driving, and certain types of accidents.
Many everyday objects can be deadly weapons, if used incorrectly. The main factor a court considers in order to determine if these objects are deadly is the intention of the user at the moment of the crime. If a person throws a rock with the intention of doing harm, it can be a deadly weapon. Other examples are scissors when used to stab a victim and sticks or bats.
The Human Body
In some states, the human body has been found to be a deadly weapon. A professional boxer or fighter would have the ability to create bodily harm very easily. Some body parts that can be deadly weapons are hands, feet, elbows, knees, and teeth. In some jurisdictions, certain objects that attach to the body are deadly weapons. Steel toed shoes have been found to be deadly when used to kick a victim repeatedly.
The most defining characteristic of what makes any object a deadly weapon is the intention of the attacker. Although a gun is definitely a deadly weapon, objects from rocks to bats are deadly when used in a reckless way. In Colorado, first degree assault with a deadly weapon is a Class Three felony. It carries a minimum of four years in jail and a maximum of twelve. Second degree assault with a deadly weapon is a Class Four felony, and it has a penalty between two years and six years in prison. Because assault with a deadly weapon is a very serious crime, it’s important that you’re able to identify deadly weapons. Don’t assume that the only types of deadly weapons are firearms or knives.