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46: A Raccoon Is A Deadly Weapon

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Manage episode 496350673 series 3467434
Content provided by Rebmasel. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Rebmasel or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

(WATCH THIS EPISODE ON YOUTUBE) Do all 50 States (and their courts) agree on what IS and IS NOT a deadly weapon? Of course not. Ask the raccoons, honeybees, alligators, plastic chairs, ladles, shoes, bare hands, dogs, toy guns, teeth, and .....eggs.

Reb tells you why the difference between simple assault and felony assault with a deadly weapon as a matter of law can get.....very confusing.

LINK TO FULL COURT OPINION FROM BARE HANDS SECTION - U.S. v. Rocha, 598 F.3d 1144 (9th Cir. 2010) (14 pages to explain why attacking someone with your bare hands is not assault with a deadly weapon)

***

⁠⁠⁠CLICK HERE⁠⁠⁠ to PREORDER Reb's book: The Book They Throw At You—A Sarcastic Lawyer's Guide* To The Unholy Chaos of Our Legal System, *God No, Not Actual Legal Advice

***

Follow @RebuttalPod on ⁠⁠⁠Instagram⁠⁠⁠ and ⁠⁠⁠Twitter⁠⁠⁠!

Follow @Rebmasel on ⁠⁠⁠TikTok⁠⁠⁠, ⁠⁠⁠Instagram⁠⁠⁠, and ⁠⁠⁠Twitter⁠⁠⁠!

***

0:00 - Intro

3:10 - Cowboy Cody, a mule, and a raccoon (KY 2025)

20:30 - Honeybee warfare (MA 2022)

24:51 - A 75-year-old wife throws a chair and a ladle (MA 2022)

28:40 - WHAT IS A "DEADLY WEAPON" THEN...?

34:30 - A Wendy's Frosty and a Florida gator (FL 2016)

39:53 - Don't make me use my...bare hands? (CA 2010)

43:15 - MMA FIGHTERS AND MARTIAL ARTISTS (TX 2013)

46:17 - Biting with HIV/AIDS (NY 1999)

48:16 - DOGS AS DEADLY WEAPONS

50:06 - What if the gun is a toy? (CA 1987)

51:38 - Tasers and pepper spray are deadly weapons??!?!?!

58:18 - Eggs can be bullets, too

59:50 - LIST OF THINGS MOST COMMONLY CONSIDERED "DEADLY WEAPONS"

1:01:42 - Reb's Rebuttal

Learn more about your ad choices. Visit megaphone.fm/adchoices

  continue reading

50 episodes

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46: A Raccoon Is A Deadly Weapon

Rebuttal

52 subscribers

published

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Manage episode 496350673 series 3467434
Content provided by Rebmasel. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Rebmasel or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

(WATCH THIS EPISODE ON YOUTUBE) Do all 50 States (and their courts) agree on what IS and IS NOT a deadly weapon? Of course not. Ask the raccoons, honeybees, alligators, plastic chairs, ladles, shoes, bare hands, dogs, toy guns, teeth, and .....eggs.

Reb tells you why the difference between simple assault and felony assault with a deadly weapon as a matter of law can get.....very confusing.

LINK TO FULL COURT OPINION FROM BARE HANDS SECTION - U.S. v. Rocha, 598 F.3d 1144 (9th Cir. 2010) (14 pages to explain why attacking someone with your bare hands is not assault with a deadly weapon)

***

⁠⁠⁠CLICK HERE⁠⁠⁠ to PREORDER Reb's book: The Book They Throw At You—A Sarcastic Lawyer's Guide* To The Unholy Chaos of Our Legal System, *God No, Not Actual Legal Advice

***

Follow @RebuttalPod on ⁠⁠⁠Instagram⁠⁠⁠ and ⁠⁠⁠Twitter⁠⁠⁠!

Follow @Rebmasel on ⁠⁠⁠TikTok⁠⁠⁠, ⁠⁠⁠Instagram⁠⁠⁠, and ⁠⁠⁠Twitter⁠⁠⁠!

***

0:00 - Intro

3:10 - Cowboy Cody, a mule, and a raccoon (KY 2025)

20:30 - Honeybee warfare (MA 2022)

24:51 - A 75-year-old wife throws a chair and a ladle (MA 2022)

28:40 - WHAT IS A "DEADLY WEAPON" THEN...?

34:30 - A Wendy's Frosty and a Florida gator (FL 2016)

39:53 - Don't make me use my...bare hands? (CA 2010)

43:15 - MMA FIGHTERS AND MARTIAL ARTISTS (TX 2013)

46:17 - Biting with HIV/AIDS (NY 1999)

48:16 - DOGS AS DEADLY WEAPONS

50:06 - What if the gun is a toy? (CA 1987)

51:38 - Tasers and pepper spray are deadly weapons??!?!?!

58:18 - Eggs can be bullets, too

59:50 - LIST OF THINGS MOST COMMONLY CONSIDERED "DEADLY WEAPONS"

1:01:42 - Reb's Rebuttal

Learn more about your ad choices. Visit megaphone.fm/adchoices

  continue reading

50 episodes

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