In New York, owning deadly weapons can seriously affect your future. It is commonly thought that deadly weapons only include guns and knives, but they can be anything capable of causing death or serious injury. The legal definition of a deadly weapon can mean that even every day items, such as a baseball bat, can be considered deadly weapons if used to harm someone.
If you are found using a deadly weapon in Long Island, NY, the legal consequences can range from heft fines to long-time imprisonment. The law determines the weapon used and the individual’s intention to impose assault charges. For example, an assault involving a deadly weapon can turn a misdemeanor charge into a felony.
Understanding the specific laws of your state requires legal assistance. The average non-professional does not know the laws and the legal language can sometimes be challenging to fully grasp. This is why having an attorney can make a big difference. They may help reduce charges, negotiate plea deals, or build a strong defense in court.
The legal definition of a “deadly weapon”
Under New York Penal Law § 10.00, a “deadly weapon” includes any loaded gun that can cause death or serious injury. It also includes specific knives and other instruments that can cause harm to another individual. Examples include firearms, switchblades, gravity knives, brass knuckles, daggers and certain other tools.
If you have used an instrument in a way that it classifies as a “deadly weapon” under New York law, you could face assault charges. Your charges could escalate from a misdemeanor to a felony, leading to harsher penalties. Deadly weapon charges can also result in longer prison sentences and probation periods.
Can other objects be considered deadly weapons?
In New York, any item that can be used to inflict harm onto others can be considered deadly weapons. Even if an object is not traditionally believed to be harmful, one’s intent behind using them can change the entire case.
For example, a baseball bat is a harmless object that is even used by kids to play with their friends. However, that does not mean it cannot be used as a weapon. A baseball bat can quickly turn into a weapon if swung with the intention to injure.
Some common examples of every day items that can be considered and used a deadly weapons include:
- Baseball bats
- Kitchen knives
- Vehicles
- Steel-toe boots
- Tools, such as hammers
- Household items, such as pens and pillows
A car can kill people if it hits them with a force and a pillow can be used to suffocate someone to death. Therefore, the court will determine your intent behind an object’s use before applying the consequences.
What are the factors defining a deadly weapon in New York?
There are certain factors that define a deadly weapon. These include the following:
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The user’s intent.
Intent is the most important factor when determining whether an object is deadly. If you have the intent to hurt someone, you can do that with harmless items like a pillow. It does not necessarily have to be a gun or a sharp object.
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Crime circumstances.
The circumstances of the crime, such as the context within which the weapon was used, is important for weapon classification. An object wielded in a threatening way or against a vulnerable victim can be seen as a deadly weapon.
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Potential for serious injury or death.
The court also evaluates the object’s potential or capability to hurt or kill somebody. This includes looking at the object’s size, weight and sharpness. Heavy or sharp items, such as hammers or knives, can inflict serious injuries. Therefore, they can be easily classified as a deadly weapon.
Don’t let your everyday item send you to jail!
If you own an everyday item that can be possibly thought of as a deadly weapon, and someone has pressed charges against you, you need legal help. Hire a criminal defense attorney in New York today!
