Can your hands be considered a “deadly weapon” either in an assault or battery?

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Can your hands be considered a “deadly weapon” either in an assault or battery?

The instance in question is where one person got mad at another for a comment that was made about them. The person the comment was made about got mad and wanted to teach the other person a “lesson”, so in an attempt to scare them they went after the other person and placed their hands around their neck. They didn’t apply enough pressure to close off any air and it was not an intent to kill, just to scare them. The person that was attacked was unharmed. Could the person that did the “choking” be considered to have used a deadly weapon?

Asked on August 26, 2011 Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is not an issue that the choking was considered a deadly weapon but rather that in a criminal theory, the choking could be considered an assault and battery at minimum and could be considered in a civil court to be considered a civil assault and battery. If the person choked pressed charges, then you need to have the police report ordered and see how the police officer categorized the events. If the person committing the act is being charged, it is up to his or her attorney to try to have the charges lowered. Ultimately, if you look at this from the perspective of intent, intent to commit a harm or kill must be present for the higher crimes but not necessarily in involuntary manslaughter (if the person actually died).


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