So many things count as weapons in Michigan, including brass knuckles, tasers and baseball bats!
When most people hear the word ‘weapon’ they picture a gun, or possibly a knife. Maybe a baseball bat, or a pair of brass knuckles. What they don’t usually imagine is an ashtray, a beer bottle, a chair or even a car. And yet all of these things can be a weapon, when used to harm someone. Think about it… a chair is made to sit on, but if you use it to bludgeon someone, you’ve used it as a weapon. Ditto for the beer bottle, the ashtray, and any other object that can be used to hurt or kill people.
So what happens when someone hurts or kills another person with something other than a gun in Michigan? Are there specific charges for different types of weapons, or are the charges the same no matter what weapons was used? To answer those questions, we’re going to have to take a look at a few different laws in Michigan.
Felonious Assault
Felonious Assault, also sometimes called Assault With a Dangerous Weapon, is a felony that refers to one person assaulting someone else with a weapon that causes, or could cause them injury. In many circumstances, this charge is used when someone shoots or stabs someone, but it can be used for any number of other objects as well.
Examples of items that are regularly used as weapons, even although that isn’t their intended purpose, include:
- Golf clubs
- Hammers
- Heavy furniture
- Glass bottles
- Cookware
Armed Robbery
Another important factor to consider, when it comes to everyday items being used as weapons, would be in an armed robbery situation. Michigan law says that in order for someone to be charged with armed robbery, three factors must be present.
- The defendant committed violence against or used force, put in fear, or assaulted another human being.
- The accused did this while committing larceny (which means stealing someone else’s property)
- While the accused was “in the course of committing the larceny,” he or she:
- had a dangerous weapon capable of causing serious injury or death; or
- had any other item capable of causing serious injury or death that was used as a weapon; or
- had an object that was used or made in a way to lead the person present to believe it was indeed a dangerous weapon; or
- told the victim or otherwise represented that the accused had a weapon.
Did you notice anything there? What about the part where is says all you have to do in have something with you that looks like a weapon? Or even simply told the victim that you had a weapon, and they believed you? Technically, a defendant could have had a short piece of pipe in their pocket, which they pressed against the fabric of their jacket and the victim thought it was the barrel of a gun. That would be enough for an armed robbery charge – even if the only “weapon” was a piece of pipe.
Illegal weapons in Michigan
Finally, we would like to mention the issue of illegal weapons. While gun ownership is protected by our Second Amendment rights, not all weapons are legal in Michigan. Certain weapons are illegal to own. Some were created to be used as defensive weapons, non-lethal while still affording their user peace of mind, like tasers and mace. Others, like certain knives, are offensive weapons designed to cause harm when used against someone. Either way, many of these weapons are illegal here in Michigan, and being caught with them in your possession can mean very serious charges.
Examples of weapons that are illegal in Michigan are:
- Certain knives, like daggers and stilettos
- Certain guns, like short barreled shotguns, short barreled rifles, and fully automatic weapons
- Brass knuckles
- Stun guns/Tasers (without a concealed carry permit)
- Defense sprays that contain more than up to 10% Oleoresin Capsicum (OC)
Do you need help from a skilled weapons defense attorney in Michigan?
Weapons related charges in Michigan can be very serious. Many are punishable by years, if not decades, in prison. So if you or a loved one are facing weapons related charges in Michigan, call The Kronzek Firm at 1 866- 7 NoJail; (1-866 766 5245). Our skilled criminal defense attorneys have spent decades battling for our clients all over Michigan.