Legal Question in Criminal Law in California
Dangerous Weapons
Is there any way that a judge could rule a human being's hand is a dangerous weapon, i.e. causing bodily harm or death through a punch, or strangulation? Basically, can a hand be construed as a weapon in a court of law?
3 Answers from Attorneys
Re: Dangerous Weapons
Fists can be considered a deadly weapon and attack with fists can be charged as a strike, i.e., AWD likely to cause great bodily injury. In most cases, this constitutes over-charging by the prosecution which is subsequently "corrected" by plea negotiations or intervention by the judge.
Jacek W. Lentz, Esq.
213.250.9200
www.lentzlawfirm.com
Re: Dangerous Weapons
In court cases involving violent confrontations, lawyers may ntroduce evidence of, and judges may advise the jury to bear in mind, a person�s martial arts, boxing, or military combat training when evaluating the facts of the case. In the Matter of the Welfare of D.S.F., 416 N.W.2d 772 (Minn. App. 1988), the Minnesota Court of Appeals concluded that the defendant, who had "substantial experience in karate," was aware enough of the potential of his blows to deliberately break the plaintiff�s jaw.
The notion that black belt karate experts must register their hands with the police is an urban legend or more likely hype for the expert's karate school.
Re: Dangerous Weapons
Of course. That's what you can get for having macho martial arts or boxing training.
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