1.102 — ASSAULT WITH A DEADLY WEAPON (WITK)

Violations of "Statute 1.102" results in a Class F Felony with additional penalties of: Revocation of firearm licenses if defendant is applicable.

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(a) Definitions

Assault with a Deadly Weapon with Intent to Kill refers to the unlawful and intentional use of a deadly weapon to cause serious bodily harm or death to another individual, where the perpetrator specifically intended to kill the victim.

(b) Elements

To constitute the offense of Assault with a Deadly Weapon with Intent to Kill, the following elements must be established:

• The defendant unlawfully assaulted another person.

• The assault involved the use of a deadly weapon (e.g., firearms, knives, blunt objects, or other items capable of causing fatal injuries).

• The defendant acted with the specific intent to kill the victim.

(c) Defenses

The following defenses may be raised against a charge of Assault with a Deadly Weapon with Intent to Kill:

• Self-defense: If the defendant can demonstrate that the use of the deadly weapon was in response to an immediate threat to their life or the life of another person.

• Lack of Intent: If the defendant can show they did not have the specific intent to kill at the time of the assault.

• Insanity or Mental Incapacity: If the defendant was not mentally capable of forming intent to kill due to a mental disorder or incapacity at the time of the offense.

• Mistaken Identity: A defence may exist if the defendant can prove that they were not the individual who committed the assault.

(d) Aggravating Factors

The following factors may result in increased penalties or elevation of the offense to a higher tier:

• The assault occurred in a premeditated or calculated manner.

• The victim was a law enforcement officer, emergency responder, or public official.

• The assault was committed in a public place, endangering others.

• The assault caused severe physical harm, permanent disability, or disfigurement to the victim.

• The use of a high-powered or particularly dangerous weapon, such as an automatic firearm or explosive device.