Explain Deadly Force (Legally)

[PaladinX13]

It's been defined to me as a level of force that is inherently likely to cause "serious bodily injury" or death.

The question is: When have you used it?

Some say the moment a gun or vehicle in employed as a weapon, deadly force is in play, because of the potential even if the hit only grazes or the car is traveling at slow speed. Is this accurate and what's the legal theory?

If so, does it then follow that simply presenting is then "deadly force"?

(This is apart from the question of privileges/defenses like self-defense... if a criminal did the same would "deadly force" enter the picture?)

 

[TheFederalistWeasel]

Some states have language such as serious bodily harm or death and some also include the fear of serious bodily harm or death into the deadly force term and they continue to go further to explain that the fear does not need to be real only perceived, an example would be the use of a plastic gun or replica or other seemingly harmless object, but presented in a given set of circumstances made the victim believe it was real and that the possibility of serious bodily harm or death was real to them, this would be applied to such charges as aggravated assault, assault with a deadly weapon or aggravated robbery.

 

[oobray]

Well, here in TX this is the definition of deadly force.

PC §9.01. DEFINITIONS. In this chapter:
(1) "Custody" has the meaning assigned by Section 38.01.
(2) "Escape" has the meaning assigned by Section 38.01.
(3) "Deadly force" means force that is intended or known by the
actor to cause, or in the manner of its use or intended use is capable of
causing, death or serious bodily injury.

So, yes.. My interpretation is anytime something that is known, or should have been known to be capable of causing death, is used then it can be called deadly force.

 

[Well Regulated]

"Presented" is a term more akin to assault or brandishing. Brandishing a deadly weapon has long been considered a common law assault. Check out http://www.virginia1774.org/Page5.html

 

[PaladinX13]

My issue is with the "known by the actor to be capable" part... rather than try to create a convoluted gun example, what if you ran into someone with a car at 5MPH? A car is capable of deadly force, but traveling at 5MPH isn't it unlikely?

In other words, is it the object or the action? (The instant a gun/car is involved in a tortious/criminal contact is it "deadly"?)

A gun is capable, certainly, of deadly force, but it can be used in non-deadly actions.

 

[ar10]

Just about anything can be "deadly force", sticks, stones, bb guns, and so on. Isn't it what the lawyers/prosecutors decide?

 

[WayneConrad]

State law prevails. This is a question with 50 different answers.

I highly recommend Alan Korwin's Gun Laws books, or other references that apply to your state specifically.