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Wednesday 1 May 2024

What is difference between deadly weapon and dangerous weapon?

 There are two big distinctions between the types of weapons that can be used in the commission of a crime and these distinctions affect the charges and subsequent sentencing.

When it comes to defining a deadly weapon, the court will need to determine if any item used during the commission of a crime had the ability to cause the death of a person or serious bodily injury. In some instances, a gun that is not loaded has been considered a deadly weapon.

When looking at a dangerous weapon, the court must make a determination if the item used was capable of causing serious bodily injury but not death to the victim. The use of a dangerous weapon during the commission of a crime is a serious offense but not nearly as serious as the use of a deadly weapon during the commission of a crime.

Deadly weapon 

: an object whose purpose is to cause death or that when used as an instrument of offense is capable of causing death or sometimes serious bodily harm. NOTE: An unloaded firearm has been generally held to be a deadly weapon. Although usually distinct, the terms deadly weapon and dangerous weapon are sometimes used interchangeably.

Dangerous weapon 

: an object that when used as an instrument of offense is capable of causing serious bodily injury

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