A deadly weapon is an object, instrument, substance, or device which is intended to be used in a way that is likely to cause death, or with which death can be easily and readily produced.
A deadly weapon need not be a weapon in the traditional sense. For example, inAcers v. United Statesthe Supreme Court acknowledged that a large rock could be considered a deadly weapon when used by adefendantto strike the victim in the head, fracturing his skull. Somejurisdictionsallow for even more flexibility in the definition of a deadly weapon. For example, Texas courts held inStanul v. Statethat a floor could be considered a deadly weapon when the defendant slammed the victim’s head down upon it, and held inTurner v. Statethat hands and fists could be considered deadly weapons under certain circ*mstances.
Aprosecutorcharging a defendant with acrimesuch as "assaultwith a deadly weapon" must prove both that the defendant assaulted the victim with a weapon and that the weapon was indeed deadly. Whether or not a weapon was deadly is aquestion of factusually left to thejury. Thefact finderdecides after examining theevidencepresented and the facts of the case. The physical qualities of the weapon as well as the manner in which the defendant wielded it are important factors in the fact finder’s decision. Additionally, the size and weight of the weapon are often considered, as well the degree of force used by the defendant, and the type and bodily location of injuries to the victim.
Some jurisdictions recognize “deadly weaponsper se” in theircriminalstatutes, meaning that the named weapon is considered likely to cause deathregardlessof the user’sintentor manner of use. Therefore, if a defendant used a weapon listed in the statute as deadlyper se, theprosecutiondoes not have to prove attrialthat the weapon is deadly. Rather, the deadly nature of the weapon is automatically assumed. Firearms are the most common deadly weaponsper se, but different jurisdictions may list other weapons. For example, Nebraska considers firearms, knives, and brass or iron knuckles as deadly weaponsper se.
[Last updated in August of 2022 by the Wex Definitions Team]
