Using A Skateboard As A Weapon
When most people hear about someone being assaulted with a deadly weapon, their first thought probably isn’t that the weapon was a skateboard. Most people assume it’s a firearm, a knife, or something that is inherently dangerous and potentially deadly. It’s important to note, though, that almost anything can be considered a weapon if it’s used in a particular manner. If you find yourself in a situation where you’ve been arrested for assault with a weapon, or the police are asking to speak with you, you should contact a criminal defense attorney right away. Attorney William Kroger can help.Assault With A Skateboard – Is It A Deadly Weapon?
In order to understand if a skateboard can be defined as a weapon, it’s essential to first know the applicable laws. Under California law, according to Penal Code 245(a), assault with a deadly weapon is a criminal offense and occurs when someone assaults another individual with a deadly weapon or a weapon other than a firearm. Assault with a deadly weapon also occurs when an individual is assaulted with force likely to cause great bodily injury. Depending on the facts of the case, this crime can be charged as either a misdemeanor or a felony.So What’s A Deadly Weapon?
Under California law, a skateboard can be considered a deadly weapon. California defines a deadly weapon as an object that is inherently dangerous and likely to produce great bodily injury. While some may argue that a skateboard isn’t inherently dangerous, it’s clear that if you hit someone with a skateboard, it could easily cause great bodily injury.
In order to be convicted of assault with a deadly weapon (involving a skateboard or any other type of weapon), the prosecutor must prove the following:
- You assaulted someone with a deadly weapon other than a firearm; OR
- You used force likely to cause great bodily injury; AND
- You acted willfully; AND
- There are facts that show a reasonable person would be aware that the action you willfully took would lead to an application of force against another individual; AND
- When you took the action, you had the present ability to use force that would likely produce great bodily injury; AND
- You were not acting in defense of yourself or others.
It’s possible to argue that a skateboard isn’t inherently dangerous to the extent that it should be considered a deadly weapon, but this argument may fail.Penalties For Assaulting Someone With A Skateboard
If you’ve been tried and convicted of assaulting someone with a deadly weapon as a result of an assault using a skateboard, you could face very harsh penalties. As stated above, this crime can be charged as a misdemeanor or a felony. If you are convicted of misdemeanor assault with a deadly weapon, you face up to one year in county jail and/or a fine of no more than $1,000.
If you are convicted of assault with a deadly weapon as a felony, you face up to four years in state prison and/or fines of no more than $10,000. Probation is a permissible alternative to incarceration for both the misdemeanor and felony form of this crime.Contact Attorney William S. Kroger For A Consultation
In some circumstances, a skateboard can probably be considered a deadly weapon under California law. While this might seem somewhat surprising, almost anything that can cause and is likely to cause great bodily injury can be considered a weapon under the law. If you or a loved one has been arrested or is being questioned by police in relation to an assault with a skateboard or another weapon, you should contact a criminal defense lawyer right away. Attorney William Kroger has been practicing criminal defense for decades and has successfully defended countless individuals in their criminal cases. If you need help, don’t hesitate to reach out for a free, confidential consultation. Set up a meeting by calling 323-655-5700 or by messaging us today.