- DWI Attorney Raleigh | What Constitutes an Assault with a Deadly Weapon Charge
- July 17, 2013 | Author: Malcolm M. Matheson
- Law Firm: Matheson Law Office, PLLC - Raleigh Office
Today I would like to cover the fundamentals of a charge called Assault with a Deadly Weapon. Simply stated, when a person commits an offense of this nature he or she commits an assault on another with a deadly weapon. In this regard, a “deadly weapon” is any instrument that under the circumstances of its use is likely to cause death or serious bodily injury. The jury or judge must decide if the weapon is deadly based upon its nature and size, and especially how it is used. The majority of the case load I handle deals with mostly DWI cases, but this Raleigh DWI Attorney will tell you that he has dealt with many cases involving pistols, metal belt buckles, broken bottles, and other deadly weapons which constituted the elements of this particular charge. But where things start to become interesting is when the jury or judge must decide if a deadly weapon could be associated with body parts of a particularly strong individual.
Hands, fists, and feet may be considered deadly weapons given the manner in which they were used and the relative size and condition of the parties involved. One case in particular comes to mind when we discuss the topic of hands and feet being named as deadly weapons. My client was a very large man, approximately weighing around 300 pounds. He was charged with Assault with a Deadly weapon because the victim only weighed 180 pounds and any form of contact from the Defendant would be devastating to the victim, therefor the jury determined that my client’s usage of his own appendages constitutes the use of a deadly weapon. However, through some community service and anger management classes, this Raleigh DWI Lawyer was able to get my client the best possible sentence for his charges. However due to the seriousness of this charge, the punishment usually results in a Class A1 misdemeanor.
I believe that through case law, this charge has adapted to its environment correctly. Some scholars may argue that man’s hand or foot should never have the same leverage as a pistol or broken bottle. But one must understand that if a powerful hand or foot is used correctly with the right amount of force, pushing it, it can lead to serious consequences. Therefore, there is no doubt in my mind that a person’s appendages can constitute a serious danger as a deadly weapon.
If you or someone you know has been charged with an offense of this sort please contact or have them contact a local Plus Raleigh DUI Attorney for the best possible representation.
Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.