Dickinson: Cigarette = deadly weapon

[seamusTX]

Two women got into an altercation at a bar that turned physical. One of the women allegedly burned the other "in the eye" with a lit cigarette.

The victim was knocked down and had a cut and bruises in addition to the burn.

The alleged assailant, a 35-year-old woman, was arrested and charged with aggravated assault with a deadly weapon.

http://galvestondailynews.com/story/222218" onclick="window.open(this.href);return false;

This is only an arrest. A felony accusation requires indictment by a grand jury.

- Jim

[ELB]

Points for creativity in coming up with a weapon. How deadly I dunno, but if it was the other woman's only eye, then maybe we've moved a few points up the scale...

[WildBill]

I found this yesterday when researching another thread. I know that this is from a Nevada judge, but I think that it would also apply in Texas.

Chief Justice Bob Rose told the legislative committee studying Nevada's sentencing, that under existing law, even a shoe and a shoelace have been defined as deadly weapons.

[seamusTX]

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

[WildBill]

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

It sounds like a run-of-the-mill bar fight between two inebriated patrons.

[BrianSW99]

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.

[Barbi Q]

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.

If there's any permanent loss of vision, aggravated assault should be the minimum conviction.

[puma guy]

Looks like the Surgeon General needs to add a new warning to the list on cigarette packages.

[ELB]

...I would think that burning someones eye would be considered serious bodily injury ...

+1

[WildBill]

...I would think that burning someones eye would be considered serious bodily injury ...

+1

I agree, but in order to dispose of the case, it will probably result in a plea bargain. The suspect probably isn't a major danger to society.

[seamusTX]

Keeping in mind that this is a news report based on allegations by the sheriff's office at the time of the arrest, someone who is 35 years old and getting into out-of-control bar fights could be a significant danger to society—at least to the society that hangs out in bars. Next time it might be a pool cue.

- Jim

[RPB]

just a difference in caliber
.22 versus .38 versus .45
cigarette/cig lighter/flame thrower+Molotov cocktail

[WildBill]

just a difference in caliber
.22 versus .38 versus .45
cigarette/cig lighter/flame thrower

So a Virginia Slim is less deadly than a Marlboro 100? What about a high capacity cigar OMG!

[RPB]

just a difference in caliber
.22 versus .38 versus .45
cigarette/cig lighter/flame thrower

So a Virginia Slim is less deadly than a Marlboro 100? What about a high capacity cigar OMG!

Them illegal immigrant Cubans cigars? hmmmmm ... Have to check with the BATFE and INS

[WildBill]

Keeping in mind that this is a news report based on allegations by the sheriff's office at the time of the arrest, someone who is 35 years old and getting into out-of-control bar fights could be a significant danger to society—at least to the society that hangs out in bars. Next time it might be a pool cue. - Jim

According to the report, this particular incident had some extenuating circumstances due to someone's boy friend dancing with another woman. I am sure that the judge will consider that during sentencing. Of course I don't know if the suspect has a prior history of this type of behavior.