Is clubbing someone with a gun deadly force?

Discussion in 'GA Laws and Politics' started by Sine Nomen, Jul 27, 2007.

  1. Sine Nomen

    Sine Nomen New Member

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    I got to wondering how the law and LE would view striking someone with the butt of a pistol or long gun. Granted, a gun is a deadly weapon, and you would be using that weapon to assault someone, but in this case, it it used and is no more deadly than a broomstick or pipe wrench. Does it make any difference that it is also a fire arm? Any difference if it's loaded or not?
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I am scared to ask why you want to know.
     

  3. Sine Nomen

    Sine Nomen New Member

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  4. legacy38

    legacy38 Active Member

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    Deadly force is generally defined as force that is intended or likely to cause death.

    Your question is hard to answer definitively as so much would be determined by interpretation of actions and intent as well as your justification.
     
  5. Sine Nomen

    Sine Nomen New Member

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    I guess I'm asking if it would be simple "Assault and Battery" or "Assault and Battery With A Deadly Weapon"
     
  6. legacy38

    legacy38 Active Member

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    Assault and Battery are completely separate charges in GA, and there are varying levels of each.

    Assault with a deadly weapon would be Aggravated Assault.

    Of course none of the above would apply if you were legally justified to use said force. :wink:

    See 16-5-20 through 16-5-24 of the Georgia code.
     
  7. gsusnake

    gsusnake Token Liberal Hippie

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    If he was justified to use such force, wouldn't he be just as justified in pulling the trigger?
     
  8. Sine Nomen

    Sine Nomen New Member

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    I know that I cannot ethically or legally shoot someone for trying to steal my bicycle, but could I beat the crap out of him in as much as would be needed to make him leave me and my bike alone? (This is not a real situation, just something I came up with on the spot.)
     
  9. budder

    budder Moderator Staff Member

    Maybe it's a 47 ninjas scenario and he's run out of reloads ;)
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  11. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Yes

    If you assault a person with a deadly weapon, illegally, it's aggravated assault. Agg. Assault is a 20-year felony. If you assault a person with your bare hands or a tool or instrument that is not a "deadly weapon," and you don't actually cause serious bodily injury to them, it's likely to be a misdemeanor charge.

    Now, the question before us is this: Is a gun always a "deadly weapon" even if it's not used as a gun, but just as a club?

    YES, if the victim reasonably feared being shot with it. It doesn't matter if the gun was factually unloaded or incapable of firing for any other reason, so long as the person being assaulted thought that he might get shot with that gun. See, e.g. Williams v. State, 208 Ga. App. 12; 430 S.E. 2d 157 (1993); Veal v. State, 191 Ga. App. 445, 382 S.E. 2d 131 (1989) (gun was loaded with blanks).

    YES, if a JURY finds that it is. Generally, a firearm is a "per se" deadly weapon. All guns are deadly weapons, regardless of caliber, configuration, etc. But there is an exception for guns that are wielded and brandished only as clubs, such that the victim can only fear being struck a blow with one, not fired upon.
    In such a case, the determination as to whether that gun is a "deadly weapon" will be for the jury to determine, based on either the physical characteristics of the tool itself, or the circumstances of how it was used and what injury, if any, did result. e.g. [/u]Chancey v. State, 258 Ga. App 319, 574 S.E. 2d 383 (2002) (length of chain can be deadly weapon).
     
  12. Sine Nomen

    Sine Nomen New Member

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    Re: Yes

    Thank You for the excellent response. That is exactly what I was wondering.
     
  13. Tinkerhell

    Tinkerhell Active Member

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    So be sure you tape it to the end of a baseball bat before you beat someone with your firearm.


    :lol:
     
  14. Jeffrey101

    Jeffrey101 New Member

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  15. gsusnake

    gsusnake Token Liberal Hippie

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    And make sure it's clear packing tape, not duct tape.

    Gotta make sure it's in plain view.