Virginia Brandishing Firearm Burglary Deadly Weapon 18.2-282 18.292 Fairfax County Richmond Prince W
LARRY WAYNE INGE v. COMMONWEALTH OF VIRGINIA
COURT OF APPEALS OF VIRGINIA
39 Va. App. 85
October 15, 2002, Decided
Defendant told the police that the gun was not loaded and that he had never fired the gun and did not know if it worked. He maintained the evidence did not prove beyond a reasonable doubt that he was armed with a deadly weapon at the time he entered the dwelling.
ISSUES:
The issue to be resolved in this case is whether a gun is a deadly weapon when it is not loaded.
ARGUMENTS:
A deadly weapon is one which is likely to produce death or great bodily injury from the manner in which it is used. As a matter of law, deadly weapons per se, and those that are deadly because of the circumstances surrounding their use. A deadly weapon is an instrument designed and constructed to inflict death or great bodily harm and used in that manner. In this case, the defendant entered the home armed with a handgun. The .25 caliber automatic firearm was designed and constructed for one purpose, as a weapon to kill or wound. It was likely to do so when used in the manner contemplated by its design and construction. The defendant used it in that manner. He entered the apartment looking for his assailants, brandished the gun at the occupants, and only left when satisfied his quarry was not present. Those circumstances permit the reasonable conclusion that the defendant used the gun as an offensive weapon likely to cause death or great bodily harm. The Commonwealth did not need to prove the firearm was operable or loaded for it to be a deadly weapon. Accordingly, the court affirmed the conviction of statutory burglary while armed with a deadly weapon, Code § 18.2-92, 1 and brandishing a firearm, Code § 18.2-282..
DECISION:
The appellate court affirmed the decision of the trial court.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content.
COURT OF APPEALS OF VIRGINIA
39 Va. App. 85
October 15, 2002, Decided
Defendant told the police that the gun was not loaded and that he had never fired the gun and did not know if it worked. He maintained the evidence did not prove beyond a reasonable doubt that he was armed with a deadly weapon at the time he entered the dwelling.
ISSUES:
The issue to be resolved in this case is whether a gun is a deadly weapon when it is not loaded.
ARGUMENTS:
A deadly weapon is one which is likely to produce death or great bodily injury from the manner in which it is used. As a matter of law, deadly weapons per se, and those that are deadly because of the circumstances surrounding their use. A deadly weapon is an instrument designed and constructed to inflict death or great bodily harm and used in that manner. In this case, the defendant entered the home armed with a handgun. The .25 caliber automatic firearm was designed and constructed for one purpose, as a weapon to kill or wound. It was likely to do so when used in the manner contemplated by its design and construction. The defendant used it in that manner. He entered the apartment looking for his assailants, brandished the gun at the occupants, and only left when satisfied his quarry was not present. Those circumstances permit the reasonable conclusion that the defendant used the gun as an offensive weapon likely to cause death or great bodily harm. The Commonwealth did not need to prove the firearm was operable or loaded for it to be a deadly weapon. Accordingly, the court affirmed the conviction of statutory burglary while armed with a deadly weapon, Code § 18.2-92, 1 and brandishing a firearm, Code § 18.2-282..
DECISION:
The appellate court affirmed the decision of the trial court.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content.
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