Can someone themselves be considered a deadly weapon?

Question

Someone has taken the time and training to make themselves into an effective, proven weapon. They might be a soldier, law enforcer or just someone who studies martial arts.

Can this person legally be considered to be a deadly weapon?

If so are there any cases where this has happened (please give example)?

Answer 1

yes me

Answer 2

seems many boxers who have gottent into street fights have been considered assault with deadly weapons.

Ohio’s definition is “any instrument, device, or thing capable of inflicting death, and designed or specifically adapted for use as a weapon, or possessed, carried, or used as a weapon.”

This would seem to cover the human hand. Indeed, in a landmark 1960 case, it was ruled that hands could be considered deadly weapons. But in fact, legal interpretation is unclear.

In recent years Ohio appellate courts have issued contradictory rulings on the subject. A 1999 ruling said “there is no question” that fists can be deadly weapons; a 2000 ruling affirmed a lower court’s jury instruction that fists can’t be considered deadly weapons. And a 1996 ruling said that “while human fists may not be deadly weapons per se,” it was reasonable to consider them as such in a specific beating case (incidentally, one involving a former boxer).

Answer 3

I found this information...don't have any idea how accurate it is but it looks well researched.



The only thing close is an outfit called the International Lethal Defense Combat Organization, which for a $25 membership fee will send you a “document which testifies that your hands are registered” with them.

It’s unknown who started the hand-registration myth, but it’s still current among sportswriters and martial artists.

No only is there no hand registration; there’s no law that specifically classifies any body part as a deadly weapon, or that places professional or trained fighters under any special restrictions. However, fists—anybody’s fists—are sometimes classed as deadly weapons, and the whole concept is a legal gray area.

The distinction is important because use of a deadly weapon upgrades an assault or battery to a more serious crime.

Recently, the fists-as-weapons concept has begun appearing in criminal cases involving boxers. This concept was absent from such cases as late as the 1950s, when Sonny Liston was getting into street brawls. But when former World Boxing Association heavyweight champ Michael Dokes was charged with beating his wife in 1998, his attorney was careful to note that he didn’t used closed fists, fearing they’d be classified as deadly weapons.

In 1999, North American Boxing Federation super-middleweight champ Scott Pemberton was charged with “assault and battery with a dangerous weapon” for punching a man, but this was later reduced to simple assault and battery.

Legal definitions of “deadly weapons” vary state to state, but are generally very broad and can include just about anything, depending on use. Automobiles, heavy boots and toilet-plunger handles have all been deemed deadly weapons. (Note that you don’t have to register toilet plungers.)

Ohio’s definition is “any instrument, device, or thing capable of inflicting death, and designed or specifically adapted for use as a weapon, or possessed, carried, or used as a weapon.”

This would seem to cover the human hand. Indeed, in a landmark 1960 case, it was ruled that hands could be considered deadly weapons. But in fact, legal interpretation is unclear.

In recent years Ohio appellate courts have issued contradictory rulings on the subject. A 1999 ruling said “there is no question” that fists can be deadly weapons; a 2000 ruling affirmed a lower court’s jury instruction that fists can’t be considered deadly weapons. And a 1996 ruling said that “while human fists may not be deadly weapons per se,” it was reasonable to consider them as such in a specific beating case (incidentally, one involving a former boxer).

For comparison, in 1992 a Florida court shot down fists-as-weapons, saying it was an unconstitutionally overbroad reading that would make every assault/battery case a deadly-weapon one. However, it specifically left open the question of whether a trained fighter’s hands and feet could be deemed weapons.

In any case, few (if any) people convicted of a deadly weapon assault with their hands are trained fighters.

Answer 4

No that rumor has been making the rounds in martial arts for decades.The only thing close is some group called the International Lethal Defense Combat Organization, which for a $25 membership fee will send you a “document which testifies that your hands are registered” with them. Most likely that rumor was started by some McDojo claiming they were teaching such an effective style that their students need to have their hands and feet certified as lethal weapons.

Answer 5

A Deadly Weapon is a weapon designed for the sole purpose of killing. (Guns, fighting knives, bayonets, nuclear weapons, etc.)

A Dangerous Weapon is anything else that makes an attack more dangerous. (Most other knives, clubs, sock filled with nickels, broken bottles, etc.)

So unless you can prove that the sole function of a persons hands is to kill it would be hard to prove they are a deadly weapon.

Under Arizona law you can be charged with assault with a dangerous weapon if you kick someone in the head when they are on the ground.

The whole deadly weapon is something fight promoters say to get attention.

Answer 6

Under the law it is partially the intent of the person who does the assaulting that affects how the charge is written. It doesn't really matter so much what the person may or may not be capable of in general circumstances. A 90lb weakling can be charged with assault with intent to commit murder (even bare handed) if that appears to have been the intent. So can a heavy weight boxer, whose fists are considred 'deadly' in some states.

Answer 7

Nope. between the main ordinary Martial Myths is that a black belt (or a boxer, based upon the source) is seen, legally, a perilous weapon. it extremely is only no longer authentic. even nevertheless the jury might view somebody who's on path for attack who has a history in martial arts or strive against activities as being extra able to inflicting injury to a non-experienced person. to a level they had be surprising.

Answer 8

A professional boxer who beats a man to death in a fight can be considered to have used a weapon - that's probably the only way this would get to court.

Answer 9

I have heard people say that they have a metal plate/rod somewhere in their body & that limb is considered a weapon & if they cause harm w/it it would be considered assult w/a deadly weapon.

Answer 10

When I fart, I smell so much everyone runs away from me and say I am deadly, does it make my smell my weapon?