Actually there's nothing new here. Generally speaking in the United States whether you hit someone with a phone, the end of a closed knife, a beer bottle, or a stick picked up off the ground, one always faces the threat of being charged with Assault with a Dangerous or Deadly Weapon.
States vary as to what constitutes a deadly weapon for purposes of this crime. In some states
bare hands and
feet qualify.
In others some
object must be involved even if its just the shoe on the foot.
Section 210.0 of the Model Penal Code, as referenced in Blacks Law Dictionary, defines deadly weapon as [a]ny firearm, or other weapon,
device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury. (Blacks Law Dict. (6th ed. 1990) p. 398, col. 1.)
In California the courts have said that a deadly weapon is any object, instrument, or weapon which is used in such a manner as to be capable of producing and likely to produce, death or great bodily injury. . . . Some few objects, such as dirks and blackjacks, have been held to be deadly weapons as a matter of law; the ordinary use for which they are designed establishes their character as such. . . . Other objects, while not deadly per se, may be used, under certain circumstances, in a manner likely to produce death or great bodily injury. In determining whether an object not inherently deadly or dangerous is used as such, the trier of fact may consider the nature of the object, the manner in which it is used, and all other facts relevant to the issue. (People v. Aguilar (1997) 16 Cal.4th 1023)
Usual disclaimer: This is just my personal opinion and is not intended as legal advice. Your mileage may vary.
Best regards,
Argyll
