Hands And Feet As Deadly Weapons Under Colorado Law

By H. Michael Steinberg Colorado Criminal Defense Lawyer

The Definition Of Deadly Weapons Under Colorado Law

Under Colorado law, the definition of what constitutes a “deadly weapon” is specific, nuanced, and complex.

What IS A Deadly Weapon Under Colorado Law?

Colorado has defined what constitutes a “deadly weapon” in section 18-1-901(3)(e), C.R.S., which states as follows:

“Deadly Weapon” means any of the following which in the manner it is used or intended to be used is capable of producing death or serious bodily injury:

A firearm, whether loaded or unloaded;

A knife;

A bludgeon; or

Any other weapon, device, instrument, material, or substance, whether animate or inanimate.

Colorado law has consistently analyzed whether objects are deadly weapons by evaluating the manner in which the objects are used. People v. Ross, 831 P.2d 1310, 1312 (Colo. 1992)

In evaluating whether a device is a deadly weapon, the issue is whether, in the manner it was used, could it cause death or serious bodily injury?  Any object used in a manner capable of producing death or bodily injury is a deadly weapon.

In the 1970 case of Grass v. People, 172 Colo. 223, 229, (1970) the Court held that even a shoe may be a deadly weapon depending on the manner of its use.

“Any object, including a fist, can be a deadly weapon if it is used or intended to be used in a manner capable of producing death or serious bodily injury.”

Capability Versus Causation

Importantly, as held by the Colorado Supreme Court whether an object is a deadly weapon does not depend upon the ultimate result of an object’s use. The law does not require that the object actually cause serious bodily injury; rather, it must be “capable of producing” such injury.

Section 18-1-901(3)(e) requires only that in its actual or intended use, the object is capable of producing death or serious injury and not to objects that are themselves the instruments that actually inflict serious bodily injury or death.

The phrase “any other weapon, device, instrument, material or substance, whether animate or inanimate” in section 18-1-901(3)(e) is a general provision applying to any and all objects other than a firearm, knife, or bludgeon. Firearms, knives, and bludgeons are deadly weapons by their essential nature. However, all other items may or may not be deadly weapons, depending upon how they are used or intended to be used. Therefore, put differently, the focus of the law beyond the usual suspects for deadly weapons under Section 18-1-901(3)(e) limits the scope of “deadly weapon” by including only those objects which “in the manner [they are] used or intended to be used [are] capable of producing death or serious bodily injury.”

After People v. Saleh – The Complexity Of The Analysis Increases

If a gunshot fired at a victim misses but causes that person to dive down a flight of stairs to avoid the bullet, the legal conclusion is the same: the gun is still considered a deadly weapon because it has been used in a manner capable of causing serious bodily injury or death.

The same reasoning applied to a human foot in People v. Saleh, a seminal case for defining a deadly weapon under Colorado law.

Saleh’s Foot as a Deadly Weapon – Sufficient Causal Connection

In the Saleh case, the prosecution argued that Saleh’s foot was a deadly weapon because of the manner in which it was used. The Colorado Supreme Court agreed. The Court held that Saleh knew that the victim was at the top of the stairs with her back to him. With this knowledge, he kicked the victim in the back between her shoulder blades, which propelled her down the staircase.

Kicking someone down a flight of stairs is an action that is capable of causing death or serious bodily injury. By using his foot as he did, Saleh set in motion an unbroken, foreseeable chain of events that resulted in serious bodily injury to the victim. There is a sufficient causal connection between Saleh’s foot and the victim’s injury to support a second degree assault conviction.

We hold that when an object is used in a manner capable of causing death or serious bodily injury, the object used is a deadly weapon within the statutory definition of section 18-1-901(3)(e).

People v. Saleh, 45 P.3d 1272 (Colo. 2002)

Hands And Feet As Deadly Weapons – Foreseeable Chain Of Events Capable Of Producing Serious Bodily Injury Or Death.

Under Colorado law, objects that are not inherently deadly, such as feet and hands, can become deadly weapons when used to start an unbroken, foreseeable chain of events capable of producing serious bodily injury or death.

Using one’s hands to push a victim off a balcony or in front of an oncoming car, or, as in the Saleh case –  using one’s foot to kick a victim down a flight of stairs are examples of such use.

A person could be killed or seriously injured if they are kicked down a flight of stairs. Saleh’s use of his foot in this way initiated a predictable and uninterrupted series of events that led to the victim’s severe physical harm. Saleh’s foot and the victim’s wounds have a strong enough causal relationship to warrant a conviction for second-degree assault.

A Decision Left To The Jury

Under Colorado law, a jury may properly consider any resulting injury sustained by the victim in making the determination of whether or not an object qualifies as a deadly weapon.

Deadly Weapons And Human Anatomy – A Closer Look

Regarding human anatomy—specifically hands and feet—the Colorado legal landscape can be complex. The inherent ambiguity in this area lies in whether hands and feet can be classified as deadly weapons given their potential for inflicting harm under certain circumstances. Colorado courts have grappled with this issue on multiple occasions.

As explored above, while typically, hands and feet are not classified as deadly weapons per se, they may be considered as such when used in a manner likely to produce death or serious bodily injury.

The repeated kicking or punching of a person that results in substantial harm could potentially meet the threshold for being labeled as use of a deadly weapon, depending on the severity and intent behind the actions. The determining factors often include the extent of injuries inflicted and whether there was an evident intention to cause significant harm.

Thus, while hands and feet are not automatically categorized as deadly weapons under Colorado law, their classification can shift based on how they are used within specific contexts—a reflection of both statutory interpretation and judicial discretion aimed at encompassing all possible scenarios where severe bodily harm might ensue.

To determine whether hands and feet can be considered deadly weapons, courts look at the manner in which they were used, the intent of the person using them, and the resulting injuries.

The primary consideration is how hands or feet are employed during an alleged criminal act. If they are used in a way that could cause significant harm or death, they may meet the threshold for being deemed deadly weapons. For instance, repeated strikes to vital areas such as the head or neck could elevate their status from mere body parts to instruments capable of inflicting fatal harm.

This assessment often involves expert testimony and a detailed scrutiny of medical evidence.

The Role Of Intent – The Mens Rea Of The Crime – The Mental State Of The Perpetrator

Another critical factor is the intent of the accused. The individual’s purpose behind using their hands or feet in the commission of the crime plays a crucial role in legal determinations. With some specific charges under Colorado law, it must be proven that the person intended to inflict serious bodily injury or death—such as through statements made before or during the act—this intent supports classifying their actions under more severe legal statutes.

One example is the crime of First Degree Assault

Here is the Colorado jury instruction for First Degree Assault:

3-2:01 ASSAULT – FIRST DEGREE – DEADLY WEAPON

The elements of the crime of assault in the first degree are:

1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. with intent to cause serious bodily injury to another person,
4. caused serious bodily injury to any person,
5. by means of a deadly weapon.

The severity of injuries inflicted can be instrumental in proving the intention of the alleged perpetrator.

Injuries that result in prolonged hospitalization, permanent disfigurement, disability, or life-threatening conditions may lead courts to conclude that hands or feet were used as deadly weapons. The cumulative impact of these injuries provides a tangible basis for such a designation.

While hands and feet are not inherently classified as deadly weapons under Colorado law, they can be considered deadly weapons based on usage mannerisms, the intent behind their use, and the resultant injuries. These factors collectively inform judicial evaluations and consequent legal outcomes.

Case Examples:

In People v. Ross, the Defendant’s repeated and forceful stomping on the victim’s head led to severe injuries. The court held that given the severity of the attack and the potential for causing death or serious bodily injury, the defendant’s feet could indeed be classified as deadly weapons in this context. The decision underscored that not merely the body parts themselves but their usage, intent, and resulting harm are pivotal in such determinations.

In People v. Saleh (see discussion above), the Defendant used his fists to repeatedly punch a victim in a vulnerable area, resulting in life-threatening injuries. The court found that under these circumstances, hands were used with such force and intent to cause significant harm that they qualified as deadly weapons. This ruling highlighted how repeated actions targeting critical areas of the body could elevate otherwise non-lethal body parts to deadly status.

These cases collectively demonstrate that Colorado courts consider factors such as intent, severity of injury inflicted, manner of use, and potential lethality when determining whether hands or feet can be deemed deadly weapons under state law. Each decision is context-dependent, requiring careful examination of all relevant details surrounding an incident.

Summary And Conclusion – Can Hands And Feet Qualify As Deadly Weapons Under Colorado Law?

Under Colorado law, determining whether hands and feet qualify as deadly weapons involves a nuanced analysis that extends beyond their mere physical presence. Various factors are considered to assess whether an individual’s use of hands or feet in a particular situation can be classified as wielding a deadly weapon.

One significant factor is the intent behind the actions. The legal system scrutinizes whether there was a clear intention to cause serious harm or even death. For instance, if an individual uses their hands or feet with the explicit purpose of inflicting life-threatening injuries, this intent can elevate the classification of those body parts to that of deadly weapons.

The severity and nature of injuries inflicted also play a crucial role. If an assault results in grievous bodily harm, such as broken bones, internal injuries, or long-term physical impairment, it strengthens the argument that hands and feet were used as deadly weapons. Medical reports and expert testimonies are often presented at trial to determine the extent of injuries caused.

The Context Of The Violence – Pivotal

The context in which the violence occurs is considered pivotal. Situational factors such as disparities in size and strength between the assailant and victim can influence how actions are perceived legally. For example, if a trained martial artist assaults an untrained individual with techniques designed to incapacitate or kill, their expertise may contribute to classifying their hands or feet as deadly weapons due to their enhanced capability for causing serious injury.

The presence of aggravating circumstances further complicates matters. If an attack is carried out in conjunction with other threatening behaviors—such as using threatening language or premeditated stalking—these elements may collectively support a more severe interpretation under Colorado law.

Each Case Will Turn On The Facts And Evidence Of That Case

Ultimately, each case is evaluated on its specific facts and merits within Colorado’s judicial framework. By carefully examining intent, injury severity, situational context, and aggravating factors, the courts struggle to ascertain whether hands and feet should be regarded as deadly weapons under the applicable statutes.

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The reader is alerted to the fact that Colorado criminal law, like criminal law in every state and at the Federal level, changes constantly. The article appearing above was accurate when it was drafted, but it cannot account for changes that occurred after it was uploaded.

ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at hmsteinberg@hotmail.com

A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – please call 720-220-2277.

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