DEADLY
WEAPON
STATUTES
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Ala. Code 1975 § 13A-6-20
Ala.Code 1975 § 13A-1-2
Ala. Code 1975 § 13A-6-21
Ala. Code § 13A-6-22.
PURPOSE/TOPIC
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CASES
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State v. Munoz, 575 So.2d 848
(La.Ct.App. 1991).
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People v. Carter, 53 N.Y.2d 113,
423 N.E.2d 30, 440 N.Y.S.2d
607 (N.Y.1981)
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THEFT OF
PROPERTY
&
ROBBERY
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PURPOSE/TOPIC
Grider v. State, 766 So. 2d 189
(Ala. Crim. App. 1999).
People v. Green, 124 A.D.2d
1065, 508 N.Y.S.2d 725 (1986).
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Davis v. State, 470 So. 2d 1340
(Ala. Crim. App. 1985.
Assault in the 1st Degree
Definition of Deadly Weapon
Assault in the 2nd Degree
Assault in the 3rd Degree
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-
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STATUTES
Sandal NOT a deadly weapon (even with physical
contact) Pgs 5-8 of case *CONTACT*
Cited in Grider v. State - “absence of testimony that
the shoe caused serious physical injury, there was
insufficient evidence that a dangerous instrument was
used during the assault.” *CONTACT*
Cited in Grider v. State - “where the defendant kicked
the victim in the head so forcefully that the impact
lifted the victim off the ground, the defendant’s
tennis shoe constituted a dangerous instrument.”
*CONTACT*
Cited in Grider v. State - “rubber boot that caused the
victim’s head to hit the pavement with tremendous
force constituted a dangerous instrument.”
*CONTACT*
“While feet or shoes are not deadly weapons per se,
the manner of their use in particular situations may
make them deadly weapons.” (Stick used)
PURPOSE/TOPIC
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Ala.Code 1975 § 13A-8-2
Ala.Code 1975 § 13A-8-3
Ala.Code 1975 § 13A-8-41
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Ala.Code 1975 § 13A-8-43
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Ala. Code 1975 § 13A-8-40
Ala.Code 1975 § 13A-8-44
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Theft of Property Definitions
Theft of Property in the 1st Degree (>$2,500)
Robbery in the 1st Degree (Requires deadly
weapon/dangerous instrument or causes serious
physical injury)
Robbery in the 3rd Degree (threatens imminent use
of force or intent to physically overcome [without a
deadly weapon], while escaping) (FAVORITE
DEFENSE**)
What is Robbery?
Claim of right not defense in robbery prosecution
DANGEROUS
INSTRUMENT
STATUTES
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Ala. Code 1975 § 13A-6-20
Ala. Code 1975 § 13A-6-21
Ala. Code § 13A-6-22.
Ala.Code 1975 § 13A–1–2(8)
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Reed v. State, So.2d 862 (Ala.
Crim. App. 1997)
Austin v. State, 555 So. 2d 324
(Ala. Crim. App. 1989)
PURPOSE/TOPIC
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Assault in the 1st Degree
Assault in the 2nd Degree
Assault in the 3rd Degree
Dangerous Instrument definition
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Hammer/Crescent wrench *CONTACT*
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Wood 2x4 used - *CONTACT* it is a dangerous
instrument within 2nd degree assault
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Sandal not a dangerous instrument *CONTACT*
CASES
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PURPOSE/TOPIC
Grider v. State, 766 So. 2d 189
(Ala. Crim. App. 1999).
SECONDARY
SOURCES
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USE OF
FORCE /
THREATENED
USE OF
FORCE
Crim. Offenses and Defenses
in Alabama § 5:1 (2020 ed.)
PURPOSE/TOPIC
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STATUTES
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Ala. Code 1975 § 13A-6-20
Ala. Code 1975 § 13A-6-21
Ala. Code § 13A-6-22.
Ala.Code 1975 § 13A–1–2(8)
CASES
Gilmore v. State, 963 So. 2d
158 (Ala. Crim. App. 2006)
Dick v. State, 677 So. 2d 1267
(Ala. Crim. App. 1996).
III – dangerous instrument definition
PURPOSE/TOPIC
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Assault in the 1st Degree
Assault in the 2nd Degree
Assault in the 3rd Degree
Dangerous Instrument definition
PURPOSE/TOPIC
Engaged in a struggle, implied carrying a knife
*CONTACT* robbery > theft
Wielding a gun is constitutes threat of force
Questions to look into : Her stature v. his? Is “shock” the same as fear? (as described in police
report) Physical injury requirement? Intoxicated victim?