Also known as: dangerous weapons · deadly weapon
Written by attorneys · grounded in primary & secondary sources — see below
An instrument or object that because of the manner in which it is used or intended to be used is capable of causing death or serious bodily injury. The classification turns on the circumstances of use rather than the object's inherent design alone.
Daniel Diaz aimed a loaded revolver at a coworker's torso and pulled the trigger during an argument. The shot struck a vital area and caused death. The factfinder may infer from the intentional use of the firearm that Daniel acted with intent to kill.
Devon Drake swung a baseball bat at Doris Duffy's head during a workplace dispute. The blow connected and fractured her skull. The conduct satisfies the requirement of causing bodily injury with a deadly weapon.
Damian Decker thrust a sharpened screwdriver toward Deanna Davenport's neck in a heated confrontation. The instrument penetrated skin near a major artery. The factfinder may permissively infer an intent to kill from the deliberate use of the object in that manner.
Select any source to read its text and confirm it supports the definition.
Dylan Duffy entered a residence at night carrying a hunting knife to steal electronics. He brandished the knife when confronted by an occupant. The presence of the knife during the burglary elevates the offense because the actor was armed with a deadly weapon.
Doris Duffy patted down a suspect during an investigative detention and felt a hard cylindrical object consistent with a firearm. The officer removed the pistol from the suspect's waistband. The discovery of the dangerous weapon supported continuation of the encounter.
Dominion Capital employees confronted a security guard who drew a knife during a confrontation over stolen property. The jury found that the defendant used the knife in the commission of the offense. The finding increased the maximum sentence available under the applicable statute.
The classification depends on the manner of use or intended use rather than the object's ordinary purpose. An ordinary item becomes a dangerous weapon when employed in a way calculated or likely to cause death or serious bodily injury.
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No. The inference is permissive. Intentional use of an object in a manner likely to cause death or serious injury allows but does not compel the factfinder to conclude that the defendant intended to kill.
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Yes. Under the Model Penal Code formulation, burglary becomes a felony of the second degree if the actor is armed with a deadly weapon during the course of committing the offense, even without actual display or use.
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No. The factfinder is not required to accept a defendant's self-serving statement about limited purpose. The objective circumstances of the weapon's use control whether the inference of intent to kill may be drawn.
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…Dudley Field drafted a criminal code that prohibited "aiding" a suicide and, specifically, "furnish[ing] another person with any deadly weapon or poisonous drug, knowing that such person intends to use such weapon or drug in taking his own life." By the time the Fourteenth Amendment was ratified, it was a crime in most States to…