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Is clubbing someone with a gun deadly force?

1047 Views 15 Replies 8 Participants Last post by  gsusnake
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?
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gsusnake said:
legacy38 said:
Sine Nomen said:
legacy38 said:
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.
I guess I'm asking if it would be simple "Assault and Battery" or "Assault and Battery With A Deadly Weapon"
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.
If he was justified to use such force, wouldn't he be just as justified in pulling the trigger?
Maybe it's a 47 ninjas scenario and he's run out of reloads ;)
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