Defining Deadly Weapons in Fredericksburg Assault Charges
Although the definition of deadly weapon might seem intuitive and simple, defining deadly weapons in Fredericksburg assault charges can be quite difficult. There are a variety of common and uncommon items that qualify as a deadly weapon, which also means that there are ways to dispute these definitions, in order to potentially mitigate your charges. An experienced Fredericksburg assault attorney can help you do that. If you are being charged with assault with a deadly weapon, retain an assault lawyer who will be able to help you define the charges against you, and can build a case that will yield a positive outcome.
Types of Deadly Weapons
When considering the various types of deadly weapons that can be used in an assault offense, there are a few separate categories they can be split into. There are firearms, which include: shotguns, pistols, and, some machine guns, rocket launchers, and flamethrowers. There are also crossbows, hunting bows, certain knives, machetes, projectile knives (a spring-loaded knife that shoots out projectile knives), and butterfly knives. Mace can comprise an assault of malicious wounding with a caustic substance (a substance that can burn the eyes and the skin).
Bleach also constitutes a deadly weapon because a person can essentially pour bleach into somebody’s eyes, which counts as aggravated assault. Many people would be surprised at the variety of household and ordinary objects that can be classified as weapons. Any object can become a weapon, at any time all the time, whenever they are used. A person’s ingenuity can get them put in jail because anything can be considered a weapon.
Defining Assault Charges
When defining deadly weapons in Fredericksburg assault charges, it is important to remember that it does not actually have to be a firearm. According to Virginia code, a firearm is usually defined as an object that is used to dispel a projectile by means of combustion. It does not have to work but it describes a gun as shooting a projectile out of it. A firearm, under the code section for the use or display of a firearm in the commission of a felony, says the definition of a firearm and then it lists out firearms but it also says any item that is perceived as a firearm.
A BB gun is an air rifle so it does not project by means of an explosion. Under the Virginia Code, a BB gun is not a firearm, however under the statute where one is being charged with use or display of a firearm, a BB gun would fall under a firearm if the individual who is assaulted in this case thought it was a real gun or believed it to be a firearm.
The moment that a person makes that move to either assault, rob, or commit any a felony and one is using anything that looks like a gun, this is going to be very serious. The juries do not know what the consequences are and one is not allowed to tell them before guilt or innocence is decided because the case law states that, when deciding whether somebody is guilty or innocent, a factor of that should not be what the penalty is.
Classification of Assault with a Deadly Weapon
Usually, firearms in these offenses in Fredericksburg are an undefined felony, so it is a class U, which is a three to five year mandatory sentence. With the stakes so high, it is of the utmost importance that anyone convicted of assault with a deadly weapon gets in touch with a capable assault lawyer. A qualified lawyer will have no problem defining deadly weapons in Fredericksburg assault charges and using those definitions to build the defendant’s case.