Someone ran me off the road. They did it intentionally. I want them prosecuted. They used their car as a deadly weapon. Does that help the prosecutor?
Before we get started, there was a previous post about this topic: http://philadelphiacriminaldefense.blogspot.com/2009/05/can-car-be-deadly-weapon.html .
Actually, you do NOT necessarily want to have a situation where the car is used as a deadly weapon because the assault standard of culpability is negligence, which in PA is a misdemeanor. Knowing and intentional give rise to greater culpability making it a felony assault.
Remember, in criminal law there are many different levels of culpability, intentional, knowing, reckless, negligent. The higher up the scale, the more punishment. If the person intentionally ran you off the road, that is much worse then someone acting negligently with a deadly weapon ie a car.
Your description of the facts is far worse then car as deadly weapon negligent assault.
However, in the alternative, a good prosecutor may see an opportunity to charge Aggravated Assault as a felony of the 2nd degree, which is a specific intent to cause bodily injury with a deadly weapon and a car could be that weapon under the comment in the statute.
Also, in PA there is a deadly weapon enhancement at sentencing.
Labels: aggravated assault, car, car as a deadly weapon, deadly weapon enhancement, simple assault