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by BrianSW99
Sun Apr 03, 2011 11:54 am
Forum: The Crime Blotter
Topic: Dickinson: Cigarette = deadly weapon
Replies: 18
Views: 1794

Re: Dickinson: Cigarette = deadly weapon

seamusTX wrote:Calling a cigarette a deadly weapon sounds like a stretch. However, we need to consider the definition in the Penal Code Sec. 1.07(a)(17):
"Deadly weapon" means:
(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
There's no question a lit cigarette can cause burns that become infected or leave a permanent scar. Torturers and child abusers have used them since cigarettes were invented.

Probably this case will be bargained down to misdemeanor assault, probably with restitution to the victim and completing a rehab program.

- Jim
I would think that burning someones eye would be considered serious bodily injury under the definition of deadly weapon.

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