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An assault is the act of illegally committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, Assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. In many jurisdictions, assault is defined as an attempt to commit battery, which is the intentional application of physical force against another person. In some jurisdictions, assault is also defined as the intentional infliction of fear, apprehension, or terror. Assault may be punishable by a fine, imprisonment, or even death depending on the severity of the offense.
A firearm is any type of gun designed to be readily carried and used by an individual. The term is legally defined further in different countries.
Deadly force, also known as lethal force, is the use of force that is likely to cause serious bodily injury or death to another person. In most jurisdictions, the use of deadly force is justified only under conditions of extreme necessity as a last resort, when all lesser means have failed or cannot reasonably be employed.
Vehicular homicide is a crime that involves the death of a person other than the driver as a result of either criminally negligent or murderous operation of a motor vehicle.
Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon in public in a concealed manner, either on one's person or in close proximity. CCW is often practiced as a means of self-defense. Every state in the United States allows for concealed carry of a handgun either permitless or with a permit, although the difficulty in obtaining a permit varies per jurisdiction.
A ballistic knife is a knife with a detachable blade that can be ejected to a distance of several meters/yards by pressing a trigger or operating a lever or switch on the handle. Spring-powered ballistic knives first appeared in books and press reports on Soviet and Eastern Bloc armed forces in the late 1970s. Commercially-produced ballistic knives briefly gained notoriety in the United States in the mid-1980s after they were marketed and sold in the United States and other Western countries. Since then, the marketing and sale of ballistic knives to civilians has been restricted or prohibited by law in several nations.
The United States Federal Sentencing Guidelines are rules published by the U.S. Sentencing Commission that set out a uniform policy for sentencing individuals and organizations convicted of felonies and serious misdemeanors in the United States federal courts system. The Guidelines do not apply to less serious misdemeanors or infractions.
Assault occasioning grievous bodily harm is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The distinction between these two sections is the requirement of specific intent for section 18; the offence under section 18 is variously referred to as "wounding with intent" or "causing grievous bodily harm with intent", whereas the offence under section 20 is variously referred to as "unlawful wounding", "malicious wounding" or "inflicting grievous bodily harm".
Resisting arrest, or simply resisting, is an illegal act of a suspected criminal either fleeing, threatening, assaulting, or providing a fake ID to a police officer during arrest. In most cases, the person responsible for resisting arrest is criminally charged or taken to court.
Title 18 of the United States Code is the main criminal code of the federal government of the United States. The Title deals with federal crimes and criminal procedure. In its coverage, Title 18 is similar to most U.S. state criminal codes, which typically are referred to by such names as Penal Code, Criminal Code, or Crimes Code. Typical of state criminal codes is the California Penal Code. Many U.S. state criminal codes, unlike the federal Title 18, are based on the Model Penal Code promulgated by the American Law Institute.
Proportionality is a general principle in law which covers several separate concepts:
James v. United States, 550 U.S. 192 (2007), is a decision by the Supreme Court of the United States that held that attempted burglary could serve as a predicate felony under the federal Armed Career Criminal Act (ACCA), which provided that a person convicted of being a felon in possession of a firearm with three prior convictions for either serious drug offenses or violent felonies must be sentenced to a mandatory minimum 15-year prison term.
Knife legislation is defined as the body of statutory law or case law promulgated or enacted by a government or other governing jurisdiction that prohibits, criminalizes, or restricts the otherwise legal manufacture, importation, sale, transfer, possession, transport, or use of knives.
An offensive weapon is a tool made, adapted or intended for the purpose of inflicting physical injury upon another person.
Weighted-knuckle gloves, also called sap gloves, are a type of weapon used in hand to hand combat. They consist of a pair of ordinary looking gloves usually made of leather or a synthetic material, with powdered lead or steel sewn into a special pouch covering the knuckles, and often the backs of the fingers and the back of the hand. In some designs, this distinctive feature is obvious, while in others it is almost completely indistinguishable from an ordinary glove, allowing the gloves to be worn in plain sight without suspicion.
Menacing or brandishing is a criminal offense in many U.S. states generally defined as displaying a weapon with the intent of placing another person in fear of imminent physical injury or death. Depending on state, degrees of offense range from a misdemeanor for first-time offenders, to low- to mid-level felonies for offenders with a prior menacing charge. Self-defense is often explicitly given as an exception.
The Penal Law of the State of New York combines justification and necessity into a single article, Article 35. "Defense of Justification" comprises sections 35.05 through 35.30 of the Penal Law. The general provision relating to necessity, section 35.05, provides:
§ 35.05 Justification; generally.
Unless otherwise limited by the ensuing provisions of this article defining justifiable use of physical force, conduct which would otherwise constitute an offense is justifiable and not criminal when:
Gun laws in Florida regulate the sale, possession, and use of firearms and ammunition in the state of Florida in the United States.
Gun laws in Utah regulate the sale, possession, and use of firearms and ammunition in the state of Utah in the United States.
Firearm laws in Arizona regulate the sale, possession, and use of firearms and ammunition in the state of Arizona in the United States.
References
- ↑ "Deadly Weapon". Wex. Cornell Law School. Retrieved 16 December 2017.
- ↑ Commonwealth v. Marrero, 19 Mass. App. Ct. 921, 922 (1984)
- ↑ "Assault and Battery by means of a Dangerous Weapon", Jury Instruction 6.300, 2009 edition, p. 8
- ↑ Niraj Chokshi; Sarah Larimer (2016-02-09). "Assault with a deadly weapon: Florida man charged with throwing alligator into Wendy's". Washington Post.
- ↑ "Kurt Eichenwald Case: Texas Grand Jury Says a GIF Is a 'Deadly Weapon'". NBC News. March 21, 2017. Retrieved March 24, 2017.
- ↑ 7-A M.R.S.A. § 2(9)
- ↑ 17-A M.R.S.A. § 2(12-A)
