What is Assault with a Deadly Weapon?
Assault With a Deadly Weapon is an assault offense that is caused with an object used in a manner to inflict death or seriously bodily harm. There are two ways of consummating an assault: (1) assault by battery and (1) assault by offer. Assault With a Deadly Weapon consummated by battery where the object used to commit the assault actually comes into contact with the victim thereby causing harmful or offense contact. Assault With a Deadly Weapon consummated by offer does not result in any actual physical contact, but caused imminent apprehension on part of the victim of actual harmful or offensive touching. Based on these theories of the offense, actual physical harm or injury is not required for Assault with a Deadly Weapon offense to occur.
The weapon used to commit this offense may be a traditional deadly weapon such as a firearm, knife or other sharp object, club, spear, bow and arrow, or other traditional weapon. Alternatively, the item may also be a non-traditional weapon consisting of an otherwise harmless item used in a manner reasonably likely to inflict serious injury or bodily harm. Examples include items of furniture, tools, shod feet, electronic equipment such as a computer, kitchen ware, utensil, writing instrument, burning cigar or cigarette, telephone or any other item imaginable that may be employed in a dangerous manner to cause serious injury. Serious injury or bodily harm is defined as including disfigurement; loss or impairment of a bodily function, limb or organ; or substantial risk of death.
Assault With a Deadly Weapon is the type of offense for which courts and prosecutors are likely to seek a jail sentence. They will look for the presence or absence of various aggravating factors. These factors include, but are not limited to, the type of weapon(s) used in connection with the charged assault (traditional or non-traditional); if a firearm was used, whether or not it was actually fired or discharged; status and circumstances of the victim; and victim impact such as the extent of any physical injuries sustained and mental anguish and/or suffered endured.
If you have been charged with Assault With a Deadly Weapon, it is important to seek legal representation immediately in order to protect your rights and minimize the impact that a charge of his nature may have on your life.
If you have been charged with assault with a deadly weapon and need representation, contact the RI defense attorneys at the Law Office of John L. Calcagni III by email or call today at (401) 351-5100 to schedule a free consultation.