1.101 — ASSAULT WITH A DEADLY WEAPON

Violations of "Statute 1.101" results in a Class A Misdemeanor

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(a) Definitions

Any person who attempts to cause or threaten immediate harm to another whilst using a weapon, tool, or other dangerous items to communicate that threat. Any person who commits an assault upon another person with a deadly weapon or instrument, not including a firearm.

(b) Elements

To prove assault with a deadly weapon, prosecutors typically need to establish the following elements:

• The defendant intentionally used a deadly weapon or object capable of causing serious bodily injury.

• The defendant's actions caused the victim to have a reasonable apprehension of immediate harm or actually caused such harm.

• The defendant's actions were not justified or excused by self-defence or other legal justification.

(c) Degree(s) of Assault

Assault with a deadly weapon charges may be categorized into different degrees based on the severity of the offense, the intent of the perpetrator, and the resulting harm to the victim. For example:

• First-degree assault: Involves the intentional use of a deadly weapon with the intent to cause serious bodily injury or death.

• Second-degree assault: Involves the intentional use of a deadly weapon without the specific intent to cause serious bodily injury or death but still results in harm to the victim.

(d) Defenses

Defendants accused of assault with a deadly weapon may raise various defenses, including:

• Self-defence: Claiming that the defendant acted in reasonable self-defence to protect themselves from harm.

• Defence of others: Claiming that the defendant acted to protect another person from harm.

• Lack of intent: Arguing that the defendant did not intend to cause fear or harm to the victim.

• Mistaken identity or alibi: Providing evidence that the defendant was not present at the scene of the alleged assault.