My husband and I had an argument one night that was completely misconstrued. He was basically being a real jerk. I have 4 mental disabilities and was off of my medication resulting in a nervous breakdown that night. The cops were called and I lead them to believe that he tried to "choke" me which was not what happened at all. He fled the scene resulting in a warrant for his arrest. He is now in and is being charged with "assault with a deadly ." Can the DA
Criminal Defense Attorney
Hands, feet, teeth, can all be considered deadly weapons. The way in which they are intended to be used plays a part in all of this, but if an item is used in a manner to cause serious bodily injury, then it can be a deadly weapon. (I had a case years ago where a German Shepherd was considered a deadly weapon). This has been the law in Colorado since People v. Ross, 831 P. 2d 1310 (Colo. 1992)(Colorado Supreme Court held that hands can be a deadly weapon).
As the State's main witness who now wants to recant, you should look into getting your own lawyer so that you do not end up in trouble yourself for a state or even a municipal court charge of false reporting. Your husband needs a lawyer as well. The way you are speaking about this case is that you are now saying he did not do it.....which is different from asking if hands can be a deadly weapon, which implies he did it, but the means were less than harmful. This is sticky. Get a lawyer.
Shaun Kaufman Law, PC is your litigation firm. We go to court to win. 720-435-4686. This answer is not personal, one on one legal advice, but it is intended to educate and to urge you to obtain counsel.
Criminal Defense Attorney
You need to consult with 2 separate attorneys in your area. One to defend your husband and on to represent you if you do not want to testify nor press charges. It is up to the prosecutor to decide. You have the right to take the 5th amendent IF you are entitled to assert it. You need separate counsel.
In my state, KY, "deadly weapon" is governed by Statute:
§ 500.080. Definitions for Kentucky Penal Code.
Kentucky Revised Statutes
Title 50. KENTUCKY PENAL CODE
Chapter 500. GENERAL PROVISIONS
Current through 2011 Legislative Session
§ 500.080. Definitions for Kentucky Penal Code
As used in the Kentucky Penal Code, unless the context otherwise requires:
(1) "Actor" means any natural person and, where relevant, a corporation or an unincorporated association;
(2) "Crime" means a misdemeanor or a felony;
(3) "Dangerous instrument" means any instrument, including parts of the human body when a serious physical injury is a direct result of the use of that part of the human body, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury;
(4) "Deadly weapon" means any of the following:
(a) A weapon of mass destruction;
(b) Any weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged;
(c) Any knife other than an ordinary pocket knife or hunting knife;
(d) Billy, nightstick, or club;
(e) Blackjack or slapjack;
(f) Nunchaku karate sticks;
(g) Shuriken or death star; or
(h) Artificial knuckles made from metal, plastic, or other similar hard material;...
Some avvo lawyers who practice criminal defense law in you state will assist you with the governing law there.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
Yes, definitely. It depends on how the hands were used. If they were used to strangle a person and a doctor says that the person could have suffered death, a broken neck, or some other injury as a result, then hands can be considered deadly. I will tell you as a former prosecutor, former judge, and now a defense attorney, it is typical for this to be overly charged by. Cops and DAs without a lot of thought put into it. Get him a good attorney
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.