The penalty for convicting yourself of assault with a deadly weapon can include a lengthy prison sentence, so it`s important to speak to a lawyer as soon as possible. If you are accused of assault with a deadly weapon or even possession of an illegal or offensive weapon, you want to have a good criminal defense attorney by your side. In criminal law, the term “lethal weapon” refers to a firearm or other thing that is used or intended to be used in a manner that seriously injures or kills another person. Of course, a motor vehicle can be considered a deadly weapon if the driver intends to hit another driver or pedestrian. Some cases of driving under the influence of alcohol also result in a charge of assault with a fatal weapon. Note: An unloaded firearm was generally considered a lethal weapon. Although generally different, the terms lethal weapon and dangerous weapon are sometimes used interchangeably. 17-A M.R.S.A. § 2(9) Dangerous weapon: A. “Use of a dangerous weapon” means the use of a firearm or other weapon, device, instrument, material or substance, animated or inanimate, which, in the manner in which it is used or threatened to be used, and which may result in death or serious injury. B. “Armed with a dangerous weapon” means, in actual, visible or hidden possession, (1) a firearm; (2) Any device designed as a weapon likely to cause death or serious bodily harm; or (3) any other device, instrument, material or other substance, animate or inanimate, that may cause or threaten to cause death or serious bodily injury in the manner intended by the actor.
For the purposes of this definition, intent may be conditional. C. When used in any other context, “dangerous weapon” means a firearm or device designed to cause death or serious injury. [6] In some states, a person`s hands, feet or teeth may be considered lethal weapons. Although the human body itself is not a deadly weapon, it can certainly be used in such a way that it inflicts serious physical injury or death on another person. Weapons that are considered lethal weapons for the purpose of an attack with a lethal charge may also constitute illegal weapons. Objects such as clubs, switch blades, and stick swords can cause serious injury or death. A prosecutor who charges an accused with a crime such as “assault with a lethal weapon” must prove that the defendant attacked the victim with a firearm and that the weapon was indeed lethal. Whether or not a weapon was lethal is a question of fact usually left to the jury. The investigator decides after reviewing the evidence presented and the facts. The physical characteristics of the weapon, as well as how the defendant handled it, are important factors in the investigator`s decision.
In addition, the size and weight of the weapon are often taken into account, as well as the degree of force used by the accused and the nature and physical location of the victim`s injuries. A lethal weapon is an object, instrument, substance or device intended to be used in a manner likely to cause death or to induce death easily and easily. In some jurisdictions, a distinction is made between lethal weapons and destructive devices such as explosive, incendiary or poison gas bombs, grenades, landmines, missiles, missiles or similar devices, including the unassembled components from which such devices can be manufactured. A lethal weapon, sometimes dangerous (although some jurisdictions distinguish between the two) or a lethal weapon, is an item that can cause fatal or serious physical injury. According to the legal definition, some items, especially firearms, are called “lethal weapons in themselves,” meaning they are considered lethal weapons regardless of how they are used, from Latin for “in themselves.” [1] In addition, lethal weapons laws often contain provisions for other devices designed to cause harm. In Maine, the definition of “dangerous weapon” includes firearms, each defined in 17-A M.R.S.A § 2 Sub (9) & (12-A); n. any weapon that can kill. This includes not only weapons designed to cause damage, such as a gun or knife, but also blunt instruments such as clubs, baseball bats, monkey keys, a car, or anything that actually causes death. This becomes important when it comes to proving criminal charges of assault with a deadly weapon.
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