Call Now

Call Now

Call Now


The Case You Must Understand About Deadly Weapons

The Case You Must Understand About “Deadly Weapons”

On Monday, the Indiana Court of Appeals decided an important case relating to the gun community and criminal defense; it decided and what is deadly force by a “deadly weapon”.  In Indiana, the affirmative defense of self-defense may be raised when a person uses deadly force in response to infliction of serious bodily injury from a “deadly weapon”, a forcible felony or to defend one’s home or curtilage.

There is no definition of a “deadly weapon”.  However, its use must be threatened or used in a way that could lead to serious bodily injury or death.  In most self-defense cases, a number of tools come to mind:  screwdrivers, hammers, bats. Further, most any object used the “wrong” way, could be a deadly weapon, such a broken off beer bottle.  And then there are the items that have inherently dangerous aspect by design, such as a firearm or bow and arrow.

Most of us don’t think about the more obscure items that may be “deadly weapons”, such as cars or a can of gasoline and match.  With a little thought, hopefully, this makes sense to you as to how these items may be misused and become “deadly weapons”.   Think you have mastered what is a deadly weapon?  If you were asked to describe the range of a deadly weapon, almost everyone would list movable objects.  Think again.

In Gabrielle Adams v. State, 71A05-1611-CR-2659 (June 23, 2017), the Indiana Court of Appeals affirmed (upheld) a Level 5 felony for having been committed with a felony based on an asphalt parking lot.  In this case, the victim who interceded in a parking lot fight had her head hit into the asphalt six times.  The case was enhanced from a battery to a felony because the “deadly weapon” was the asphalt parking lot.  This is consistent with the statutory definition of “deadly weapon” which is material as it is used “is readily capable of causing serious bodily injury.”

Thus, a piece of asphalt or the entire parking lot can be “deadly weapon” because as it was used by the defendant was readily capable of causing serious bodily injury.  Serious bodily injury is equally an undefined term, but in this case, the victim suffered a concussion from having her head slammed into the parking lot so many times.   This case provides key insight into what may be a “deadly weapon” and “serious bodily injury”.1 No more should an “object” be thought of as the sole tool constitution a “deadly weapon”.

This blog post was written by attorneys at Ciyou & Dixon, P.C. who handles criminal and related cases through the state.  This is written for general educational purposes only and is not intended as legal advice or a solicitation for services.  It is advertising material.

  1. Indiana Code 35-42-2-1.

We Listen & Care

Proven & experienced attorneys successfully advocating & resolving complex cases for over 25 years

Quick Contact

Need to talk now? Fill out the quick form below and we will contact you directly.
Blog Categories

Get In Touch

We're available to answer your questions 24/7.

Contact Us

Please fill out the form below and we will be in touch with you shortly.

Dixon & Moseley, P.C., is a law firm located in Indianapolis, Indiana. We serve clients in six core practice areas: family lawappellate practicefirearms lawgeneral practicepersonal injury and criminal law.

Call Now

Copyright © 2024 Ciyou & Dixon, P.C., Attorneys at Law. All rights reserved. This Site does not provide legal advice; please review the disclaimer for other limitations. Privacy Policy

Based in Indianapolis and founded in 1995, Dixon & Moseley, P.C. is a niche law firm focused on successfully dealing with the complexities of divorce, high-conflict child custody and family law. Known for their ability to solve extremely complex situations with high quality work and responsiveness, Dixon & Moseley, P.C. will guide you every step of the way. The family law attorneys at Dixon & Moseley, P.C. will help you precisely identify your objectives and the means to reach your desired result. Life is uncertain. Be certain of your counsel. Indianapolis Divorce Attorneys, Dixon & Moseley, P.C.

Indianapolis Divorce Attorneys, Dixon & Moseley, P.C. of Indianapolis, Indiana, offers legal services for Indianapolis, Zionsville, Noblesville, Carmel, Avon, Anderson, Danville, Greenwood, Brownsburg, Geist, Fortville, McCordsville, Muncie, Greenfield, Westfield, Fort Wayne, Fishers, Bloomington, Lafayette, Marion County, Hamilton County, Hendricks County, Allen County, Delaware County, Morgan County, Hendricks County, Boone County, Vigo County, Johnson County, Hancock County, and Tippecanoe County, Indiana.