A.R.S. § 13-105: Definition of Deadly Weapon and Dangerous Instrument

In Arizona, there are certain crimes that include the element of the use of a deadly weapon or dangerous instrument. These terms are defined in Arizona Statute under A.R.S. 13-105. “Deadly weapon” is defined as anything designed for lethal use, including a firearm. A “dangerous instrument” is defined as anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury. Some of the most common crimes that include a deadly weapon or dangerous instrument are aggravated assault, armed robbery, burglary, and misconduct involving weapons.

What are Classified as Deadly Weapons and Dangerous Instruments in Arizona?

It is important to understand that the jury determines whether an object is a deadly weapon or dangerous instrument. A gun, or firearm, is the main object defined in the statute as a deadly weapon. However, certain factors can affect whether it will be considered a deadly weapon or not. An unloaded gun may qualify as a deadly weapon while a firearm that is permanently inoperable is not. A gun that has a missing pin is not permanently inoperable but temporarily inoperable. Certain evidence and factors will be presented to a jury to determine whether the gun was a deadly weapon or not.

If the object is designed and created for lethal use it can be classified as a deadly weapon. Other examples of a deadly weapon include any other type of gun or firearm whether it is a handgun or assault rifle and any type of knife or sword. This can include knives found in the kitchen, blades, daggers, machetes, or any other object that has a blade. Other objects such as brass knuckles and explosives can be classified as deadly weapons. It is important to keep in mind whether the object was designed for lethal use as this is what distinguishes deadly weapons from dangerous instruments.

A dangerous instrument is an object that under the circumstances it was used it is capable of causing death or serious injury. Examples of dangerous instruments include vehicles, baseball bats, large sticks, hammers, box cutters, tire irons, fire or flammable liquid, or even a dog. These items were not designed for lethal use or to cause serious injury but can cause such depending on how they were used. The jury will hear evidence at trial on what and how the object was used to determine whether it should be classified as a dangerous instrument. An object does not need to be used to be classified as a dangerous instrument. An object that is attempted to be used or threatened to be used can also be classified as a dangerous instrument.

Aggravated Assault

Arizona Statute § 13-1203 describes assault as “(1) intentionally, knowingly or recklessly causing any physical injury to another person; or (2) intentionally placing another person in reasonable apprehension of imminent physical injury; or (3) knowingly touching another person with the intent to injure, insult or provoke such a person.” Assault can be determined as a class 1, 2, or 3 misdemeanor depending on the circumstances of the case. Aggravated Assault, however, is a felony charge found in Arizona Statute § 13-1204. There are many ways an individual can commit Aggravated Assault. One way is if they commit the assault described in A.R.S. § 13-1203 and the person uses a deadly weapon or dangerous instrument. So, if the person causes physical injury, intentionally, knowingly or recklessly, with a deadly weapon or dangerous instrument, intentionally places another in apprehension of imminent physical injury with a deadly weapon or dangerous instrument, or knowingly touches another with the intent to injure, insult or provoke with a deadly weapon or dangerous instrument they will be charged with Aggravated Assault.

Many times, an individual will be charged with Aggravated Assault when they are found to be driving under the influence and someone else gets injured as a result of a collision. This can be a driver or passenger in another vehicle or the passenger in the driver’s own vehicle. A person who drives under the influence and hurts someone else will be found to have recklessly caused injury to another person. The dangerous instrument that makes it Aggravated Assault would be the vehicle used because it is known to be readily capable to cause serious injury or death.

Armed Robbery

Robbery is defined in Arizona Statute § 13-1902 and occurs when “in the course of taking any property of another from his person or immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property.” Armed Robbery, found in A.R.S. § 13-1904, occurs when an individual commits robbery defined above and “(1) is armed with a deadly weapon or a simulated deadly weapon; or (2) uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon.” While robbery is class 4 felony, armed robbery is classified as a class 2 felony.

Other crimes that include the element of a deadly weapon or dangerous instrument are burglary and misconduct involving weapons. There are different types of burglary and burglary in the first degree occurs when the individual commits burglary and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony, per A.R.S. § 13-1508. Misconduct involving weapons is a long statute that list various ways a person can wrongfully possess a deadly weapon. Most of the charges in A.R.S. § 13-3102 include possessing a deadly weapon when the person should not or does so in an improper manner. Some examples of a commission of this offense include the person being a prohibited possessor, selling a deadly weapon to a prohibited possessor, defacing or possessing a defaced deadly weapon, concealing the weapon and not disclosing it when contacted by a police officer, possessing the weapon while on school grounds or other prohibited areas, or possessing a deadly weapon during the commission of any felony offense.

Dangerous Offenses

As is seen in most of the statutes above, the charges that include using a deadly weapon or dangerous instrument will be a higher-level felony and will result in harsher penalties. However, apart from the felony classification, a crime can also be classified as a dangerous offense. Also defined in A.R.S. § 13-105, “dangerous offense means an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person.” A.R.S. § 13-704 lays out the sentencing guidelines for dangerous offenses. For example, a person who commits a class 6 felony for the first time and it is non-dangerous will face a minimum of .5 years and a maximum of 1.5 years. But a person who commits a class 6 felony for the first time and it is a dangerous offense faces a minimum of 1.5 years and a maximum of 3 years. The disparity between the two increases as the felony classification is more severe.

Because of all that is on the line when a person is charged with committing an offense with a deadly weapon or a dangerous instrument, having an experienced attorney is key. Whether it is challenging the mental state of the person when committing the offense, possession of the object, or the evidence the State presents, attorneys at Flagstaff Criminal Lawyer will guide you through the legal process and help present the best defense.