Bare hands and feet probably aren’t deadly weapons — but they could be, depending on how they are used.
You might have heard someone joke that their hands had to be registered as deadly weapons. While this isn’t actually true (even highly-skilled martial artists don’t have to register their own hands as weapons), it does bring up an interesting question. Under California law, can hands or feet be considered “deadly weapons?”
California prohibits assault with a deadly weapon, which requires proof that you performed an act that, by its nature, would probably result directly in the application of force to someone else. In addition, that act must have either been performed: (1) with a deadly weapon; or (2) with force that was likely to produce “great bodily injury.”
While California courts have ruled that hands and feet are not considered (on their own) deadly weapons, you still could be charged with assault with a deadly weapon if you kick someone with enough force to produce great bodily injury. As an experienced Los Angeles criminal defense lawyer, hands and feet don’t meet the first definition of deadly weapon, but they might meet the second category if they are used with sufficient force to produce “great bodily injury.”
So what exactly does this mean? Under the law, if you take a forceful action that could result in great bodily harm (defined as significant or substantial injury), that could lead to an assault with a deadly weapon charge. This is particularly true if you are wearing a type of footwear that is likely to result in bodily injury. For example, you might not be able to cause much harm by simply kicking someone with your bare foot. However, if you are wearing steel-toed boots, kicking someone has the potential to cause great bodily injury. You could potentially be charged with this crime as a result.
There are many situations where a person could use their hands or feet in a way that could potentially produce great bodily harm, such as in a bar fight. Does that mean that a prosecutor could charge assault with a deadly weapon for every case where a person hits someone else with significant force with their hands or feet? It likely depends on how over-zealous the prosecutor is, along with the facts of the specific case.
Assault with a deadly weapon is a wobbler under California law, which means that it can be charged as either a misdemeanor or a felony offense. The penalties depend on the type of weapon used, whether the victim sustained injuries, and if the victim was a law enforcement personnel. If charged as a misdemeanor, the maximum sentence is up to 1 year in county jail. If charged as a felony, the sentence could be up to 4 years in state prison (or longer, if a firearm were used in the offense).
Given the potential for a serious criminal charge and equally severe consequences for assault with a deadly weapon, it is critical to retain a skilled Los Angeles criminal defense lawyer to represent you if you have been charged with this offense or any other California criminal charge. The Chambers Law Firm is experienced in all phases of the California criminal justice process. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
