Black's Law Dictionary provides the following definition of a deadly weapon:
deadly weapon. (16c) Any firearm or other device, instrument, material, or substance that, from the manner in which it is used or is intended to be used, is calculated or likely to produce death. • In some states, the definition encompasses the likelihood of causing either death or serious physical injury.
While stilettos have already been identified as a potential cause of injury to the wearer, they are now increasingly viewed as dangerous to others. A San Francisco restaurant manager may want to argue that Louboutin shoes are a deadly weapon after an angry fashionista allegedly cracked his skull with a famously red-soled heel.
The victim tweeted a picture of his well-attired attacker and offered a $500 reward for his attacker's name. Police are on the look out for the "shoe rage" attacker and have identified the shoe as a weapon.
If the attacker is apprehended, her attorney may need to come up with some creative defense techniques. If you are interested in criminal defense, the library has great resources for you! Check out Criminal Defense Techniques, published by Matthew Bender. KF9655 .C7 at Classified Stacks.“In this particular case, where it caused a serious laceration to the victim, it was in fact used as a weapon,” said Sgt. Darryl Fong.
photo credit: net-a-porter.com
1 comment:
In Grass v. People, the Supreme Court of Colorado held that "an assault with a shoe, depending on the manner in which the shoe is used, may constitute an assault with a deadly weapon" under Colorado law. 172 Colo. 223, 229 (1970) (citing other state criminal cases involving shoe assaults).
No word as to whether a jury could consider the fact that the name of the type of shoe has the word "stiletto" in it.
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