When most people think of “deadly weapons,” they imagine guns, knives, or other traditional weapons. However, California law has a broader definition, where even everyday items—like car keys—can be considered deadly weapons if used in a threatening manner. Here’s how this classification works and what it means for criminal charges. Contact Simmons Wagner, LLP at (949) 439-5857 if you require a free legal consultation.

A Case Study: Car Keys as a Deadly Weapon

A recent case highlights how seemingly innocuous items can be classified as deadly weapons.

• The Incident: A man, Mr. Koback, entered a rental car agency, stole car keys, and was confronted by employees. In response, he placed an ignition key between his knuckles, balled his fist, and swung at an employee, though he did not make contact.
• The Charges: Koback was charged with several crimes, including robbery, resisting arrest, and assault with a deadly weapon. He was convicted and later appealed the assault charge, arguing that car keys are not deadly weapons.

The Court’s Ruling

The California Court of Appeals upheld the conviction for assault with a deadly weapon.

• Key Factors Considered:
  1. The court determined that while car keys are not inherently dangerous, they can become deadly weapons if used in a threatening way.
  2. By placing the key between his knuckles and swinging with intent, Koback turned the keys into a sharp object capable of inflicting serious injury.
• Legal Precedent: The court referenced California Penal Code, which defines a deadly weapon as any object that, when used in a certain way, is capable of causing significant bodily harm or death.

California’s Broad Definition of Deadly Weapons

Under California law, the classification of a deadly weapon depends on how the object is used, not just its design.

• Examples of Potential Deadly Weapons:
  • Everyday items such as pens, bottles, or even shoes can qualify as deadly weapons if wielded with enough force or intent to harm.
  • Objects that are modified or used in an unconventional way, such as car keys between knuckles, are also included.
• Key Legal Considerations:
  • Intent: Was the object used in a way that demonstrated intent to cause harm?
  • Potential for Harm: Could the object reasonably produce significant bodily injury or death?

Consequences of Assault with a Deadly Weapon

Assault with a deadly weapon is a serious charge in California. If convicted, individuals may face:

• Prison Time: Sentences can range from two to four years in state prison, depending on the circumstances.
• Fines: Up to $10,000 in penalties.
• Criminal Record: A conviction may result in a permanent criminal record, impacting future employment and housing opportunities.

Why You Need Legal Representation

If you are charged with assault with a deadly weapon, the stakes are high. Even if the alleged weapon is an everyday object, the prosecution can argue its potential for harm based on how it was used. A skilled criminal defense attorney can:

• Challenge the classification of the object as a deadly weapon.
• Argue that the intent to harm was not present.
• Negotiate for reduced charges or alternative sentencing options.

Protect Your Rights with Expert Legal Help

Facing assault charges can be daunting, especially when the definition of a “deadly weapon” includes everyday items. If you’re in this situation, contacting an experienced attorney is critical to building a strong defense.

At Simmons Wagner, LLP, we understand how to navigate California’s complex assault laws and will fight to protect your rights. Contact us today at (949) 439-5857 for a free consultation to discuss your case and explore your legal options. Let us help you achieve the best possible outcome.