Can Assault with a Deadly Weapon include hands and feet?

Matthew Jay Ruff's Criminal Law Legal Blogs

Licensed for 21 years

Attorney in Torrance, CA

In California the answer to this question is no.  The Penal Code defines assault with a deadly weapon (ADW) as involving an object other than ones own body parts.  Very frequently people are arrested for assault and battery and use their own hands or feet, but this crime is a misdemeanor and does not carry prison time.  The more serious offense of assault involving the use of a weapon requires some extaneous instrument or object, other than hands or feet.  The law says the weapon must be an object, instrument, or other weapon which is used in such a manner to be capable of producing, and likely to produce, death, or great bodily injury. 

California law does recognize that a felony can be commited when someone uses their hands or feet during the commission of a crime and does cause injury sufficient to require hospitalization, however this offense is called assault with force likely to cause great bodily injury as opposed to assault with a deadly weapon.

In California the answer to this question is no.  The Penal Code defines assault with a deadly weapon (ADW) as involving an object other than ones own body parts.  Very frequently people are arrested for assault and battery and use their own hands or feet, but this crime is a misdemeanor and does not carry prison time.  The more serious offense of assault involving the use of a weapon requires some extan

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