A rose by any other name, the saying goes, is still a rose.
What about a weapon?
Over the years, there have been hundreds of indictments for assault with a weapon listed by the courts. Most involve the use of a knife, club or handgun. On one occasion, a suspect was charged with using a milk crate as a weapon, among other charges.
On Sept. 9, the court listed among 20 indictments that of a man who was charged twice in the same day, garnering two counts of aggravated assault, one in the second degree and one in the third, along with third-degree possession of a weapon for unlawful purpose and fourth-degree unlawful possession of a weapon.
The weapon in this case: a spoon.
As in the case of the milk crate assailant, if something not normally considered a weapon is used to strike someone, it becomes a weapon, and the assailant will be charged with possession of a weapon and possession of a weapon for unlawful purposes. Everything changes in the instant one person swings something to strike another person.
“Yes, using a spoon as a weapon can result in a third-degree charge for possession of a weapon for an unlawful purpose in New Jersey under N.J.S.A. 2C:39-4, because New Jersey law broadly defines a ‘weapon’ as any item capable of causing injury, and the crucial factor is the individual’s intent to use the object unlawfully,” Cape May County Prosecutor Jeffrey Sutherland said.
This was expanded in years past to include bodily fluids.
A Google search revealed that depending on the circumstances, throwing food at someone could lead to misdemeanor charges, or it could result in domestic battery or aggravated assault charges. Further, pointing a weapon at someone or attempting to hit them with a weapon can also lead to serious charges. Any action that creates a reasonable threat of imminent harm, even if no physical contact occurs, can be considered assault.
Sutherland said using a spoon “to harm or threaten another person transforms it into a weapon under the law, leading to a third-degree crime.”
Contact the reporter, Christopher South, at csouth@cmcherald.com, or call 609-886-8600, ext. 128.
