Deadly Weapon?

[dweezer007]

What is the name of your state? Texas

If a person wearing work boots kicks and stomps the face and chest of another person, which resulted in a broken sternum, cerebral tissue damage, and a broken nose that required surgery to reconstruct it, can the boot be considered use of a deadly weapon?

What type of assault and battery would this be?

 

[HomeGuru]

What is the name of your state? Texas

If a person wearing work boots kicks and stomps the face and chest of another person, which resulted in a broken sternum, cerebral tissue damage, and a broken nose that required surgery to reconstruct it, can the boot be considered use of a deadly weapon?

**A: yes.
*******

What type of assault and battery would this be?

**A: it depends on the DA's charges.

 

[Fuwad]

yeah this is defentaitly one of those cases you should call the popo on

 

[JETX]

Actually, Texas does not have a charge of "Assault with a Deadly Weapon". That would be 'Aggravated Assault'.

Per the Texas Penal Code:
"§ 22.02. Aggravated Assault
(a) A person commits an offense if the person commits assault as defined in Section 22.01 and the person:
(1) causes serious bodily injury to another, including the person's spouse; or
(2) uses or exhibits a deadly weapon during the commission of the assault.
(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if the offense is committed:
(1) by a public servant acting under color of the servant's office or employment;
(2) against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or
(3) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime."

And a 'deadly weapon' is defined (Texas Penal Code, §1.07 as:
"(17) "Deadly weapon" means:
(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury."

"can the boot be considered use of a deadly weapon?"
*** With the above, the answer is yes.

 

[Son of Slam]

Has a boot ever been used to kill someone?

 

[calatty]

A boot can be a deadly weapon if the state proves "that the shoe or foot, in the manner of its use or intended use, was capable of causing death or serious bodily injury." Brooks v. State, 900 S.W.2d 468, 472.

 

[dequeendistress]

Under these defintions if you were to say to someone "Watch out, or I will give you the boot!" the statement may be considered terroristic threatening?

(Particularly if said while wearing steel toed Red Wing boots)

Aggravated Assault: I actually heard this in the courts,

Yes, your honor, I was aggravated and I assaulted them...

two nuts were walking down the street and one was a salted...

 

[hexeliebe]

So much for the Christmas Homework assignment gift

 

[dequeendistress]

hehe