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April 28, 2010
State Must Prove Defendant's Knowledge of Driver's License Suspension
April 13, 2010
Sentencing Commission Votes to Eliminate Recent Criminal History Points
October 15, 2009
Consent to search inside of vehicle does not extend to locked containers
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Making phone calls to get drugs for personal use not a felony
October 07, 2009
Duval County schools agree to reduce number of students getting arrested
Bicycle ruled not to be a deadly weapon
January 07, 2009
Topic: Criminal
The 2nd District Court of Appeals recently ruled that a bicycle is not considered a deadly weapon. During an argument with his mother, a juvenile cursed and threw his bicycle about 5 feet towards his mother. He was standing about 10 feet away from her at the time. The mother reported being very scared.
To prove aggravated assault, the State must show that the defendant committed assault with a deadly weapon without the intent to kill. A deadly weapon is an item which, when used in the ordinary manner contemplated by its design, will likely cause death or great bodily harm. Whether an item is a deadly weapon is a factual question to be determined under the circumstances.
The court found that when used in the ordinary manner contemplated by its design, a bicycle is not likely to cause death or great bodily harm. Additionally, the State provided no information that indicated that the bicycles character was such that it could be considered a deadly weapon. Thus, there was insufficient evidence to support a finding of aggravated assault.
This is a victory for bicyclists everywhere!
