Texas Aggravated Assault Charges: What Constitutes a Deadly Weapon?
If you are facing an aggravated assault with a deadly weapon charge, you may be surprised to learn exactly what constitutes a deadly weapon in the State of Texas. The fact is that you do not need to have a gun or knife on you to be accused of deadly weapon charges. Keep reading to better understand the basics.
Deadly Weapons: The Basics
In Texas, the basic definition of a deadly weapon includes both of the following:
A firearm or anything that is specifically designed, produced, or adapted for the purpose of inflicting serious bodily injury or death.
Anything that, by nature of its use or intended use, is capable of inflicting serious bodily injury or death.
It is the word anything – used twice – here that imbues this definition with sweeping breadth. Let’s take a closer look.
Besides guns, What Are Deadly Weapons?
If something has the capacity to cause grave bodily harm (or to kill another person), it is considered a deadly weapon (if it is used in a dangerous or lethal capacity). Some of the most obvious deadly weapons include:
Knives, swords, spears, axes, and other bladed weapons (or anything else used for cutting or stabbing, such as a letter opener or screwdriver)
Brass knuckles (or anything else that can make a punch more dangerous, such as a set of keys)
Ropes (or anything else that can be used for choking, such as a pair of nylons or a belt)
Depending upon the nature of their use, many objects can be classified as deadly weapons.
Expanding the Parameters for Deadly Weapons
The charge of aggravated assault with a deadly weapon can extend far beyond what any of us normally think of as weapons at all. A car, for instance, can be a deadly weapon if it is deliberately used to run over – or otherwise injure – someone in an attack. Even someone's hands or fists can be considered deadly if they are used to inflict grave harm or death. This is especially significant if the person is trained in combat, martial arts, or any other fighting or self-defense techniques. Many items that we use in our daily lives can transform into deadly weapons in the right circumstances and can elevate an assault charge to aggravated assault with a deadly weapon. Consider all of the following:
A golf club
A stiletto heel
A walking cane
A fireplace poker
A large or heavy rock
A baseball bat
A grill utensil
The list could go on.
Facing Assault Charges? Contact an Experienced Killeen Criminal Defense Lawyer Today
Assault charges are serious, and aggravated assault with deadly weapon charges are that much more serious. Whatever criminal charges you face, Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is a skilled criminal defense lawyer with an abundance of experience successfully defending clients like you. Your rights matter, so please do not hesitate to contact us online or call us at 254-501-4040 today.