1.103 — ASSAULT WITH A DEADLY WEAPON (WOITK)

Violations of "Statute 1.103" results in a Class A Misdemeanor with additional penalties of: Possible restrictions on the possession of firearms or dangerous weapons.

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(a) Definitions

Assault with a Deadly Weapon Without Intent to Kill refers to the unlawful and intentional use of a deadly weapon to cause bodily harm or to threaten the safety of another person, without the intent to cause death.

(b) Elements

To constitute the offense of Assault with a Deadly Weapon Without Intent to Kill, the following elements must be established:

1. The defendant unlawfully assaulted another person.

2. The assault involved the use of a deadly weapon (e.g., firearms, knives, blunt objects, or other instruments capable of inflicting serious bodily harm).

3. The defendant did not act with the intent to cause death, though the use of the weapon posed a significant risk of serious harm.

(c) Defenses

The following defenses may be raised against a charge of Assault with a Deadly Weapon Without Intent to Kill:

1. Self-defense: If the defendant can demonstrate that the assault was committed to protect oneself or another person from imminent harm.

2. Accidental Use: If the weapon was used accidentally, without intent to harm or cause injury.

3. Defense of Property: A defense may be raised if the assault was reasonably necessary to protect property from theft or damage, provided the response was proportional to the threat.

4. Lack of Knowledge: If the defendant was unaware that the object used could be classified as a deadly weapon or that it posed a serious threat.

(d) Aggravating Factors

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

1. The victim was a vulnerable individual (e.g., minor, elderly, or disabled).

2. The assault resulted in severe bodily harm, permanent disfigurement, or loss of function.

3. The assault occurred in a place of public gathering or endangered multiple individuals.

4. The defendant has prior convictions related to violent crimes.

5. The weapon used was a firearm or similarly dangerous tool with a high potential for lethal force.