Assault With a Weapon – Types, Consequences and Legal Defenses

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As NY assault with a weapon lawyers can explain, there are various levels of assault with a weapon offenses that determine their penalties. They may either be prosecuted as summary or indictable offenses.

Weapons come in all forms – guns, knives and even something as commonplace as pens and bottles can all qualify as potential deadly weapons when used to cause severe injury to others.

Types of Weapons

Your attorney can use various legal strategies in defense of misdemeanor or felony assault charges against you, such as challenging evidence that shows your actions were intentional, reckless, or knowing. They may also challenge whether your actions caused serious injury. Finally, an argument can be made for self-defense being used as a legal defense – though this defense can often be difficult to prove in court.

States differ on what constitutes a deadly weapon; generally speaking, however, this refers to any object which has the ability to kill someone or cause serious injuries when used in certain ways. Guns and knives are obvious examples; hands, feet or cars could all qualify as deadly weapons when used in such ways. Courts will often determine whether you have utilized deadly weapons by considering all evidence presented during their proceedings regarding both its physical existence as well as how you used it in your case.


Individuals convicted of assault with a weapon in NY will likely face severe penalties, due to its greater level of seriousness than simple assault and its longer prison sentences. Furthermore, it is considered a hybrid offense and the Crown can decide between filing an indictment or summary charge depending on individual circumstances.

Importantly, to successfully be charged with assault in Canada, the prosecution must establish beyond any reasonable doubt that the weapon used was lethal and intended to cause death or serious harm. Therefore it is critical that an experienced assault attorney be retained as your legal representation to mount an effective defence strategy on your behalf.

An effective defence for use of force charges is showing that it was not intentional. A court may rule that someone was acting in self-defence or to protect a loved one; and therefore should not be charged.

Legal Defenses

Criminal defence attorneys can help defend you by reviewing all available evidence such as police reports, witness statements and photos or video footage. They will also interview witnesses as well as question and examine any weapons allegedly used during an incident.

For assault with a deadly weapon to be charged by the Crown, they must demonstrate that an offender carried, used, or threatened to use any object which was lethal or likely to cause death or serious bodily injury – such as firearms, knives or shovels; shovels, rocks or even cars could potentially constitute lethal objects.

Self-defence and defense of property are common legal defences against assault with a deadly weapon, with lawyers often asserting these are valid arguments in your favor. They could contend that your actions were in self-defence when your personal safety was at stake or acting to defend it by protecting it from being damaged or stopping someone trespassing onto it.


For any crime of assault with a deadly weapon to stick, the prosecutor must prove every aspect beyond any reasonable doubt. A “deadly weapon” is defined as any object capable of causing death or serious injury – this includes conventional firearms such as guns and knives as well as unexpected objects like hammers and clubs as well as parts of human anatomy that may become potentially lethal weapons under certain conditions.

Self-defence involves showing that you acted to prevent harm to another person or their property and that any force used was proportional to the threat faced.

Assaulting someone special can elevate to more serious offences. You could face increased charges if you strike at police officers, teachers or referees at sporting events; many states also consider attacking these persons to be felonious offenses because their presence increases risk to multiple people at sporting events.