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When is a Fork a Deadly Weapon?

By Ron Chapman

          In the case of C.A.C. v. State of Florida, the Second District Court of Appeal was asked to decide whether a fork is a deadly weapon in a case in which the accused individual was charged with committing the crime of aggravated battery.           The accused, who was ten years old, stabbed another child two or three times in the back with a fork which resulted in the other child having swelling, scratches, and puncture marks.  The child who was stabbed did not receive medical treatment for his injuries.           The appellate court first had to determine if the victim in C.A.C.'s case suffered great bodily harm since a person commits aggravated battery if he causes great bodily harm while committing the crime of battery...continue to full post

Full post as published by Palm Beach Criminal Defense Blog on November 02, 2008 (boomark / email).