In most cases, Minnesota courts classify a weapon as dangerous by looking at the specific circumstances of the alleged offense and the weapon’s characteristics.
Often, courts look at the user’s intent and whether they intended to use the object to elicit fear or cause harm. Further, courts review the object’s design and use to determine
whether the object has the potential to inflict damage. Another important consideration is the way the accused used the weapon during the event. Additionally, courts may determine the legality of the object, device, or instrument.
It is worth noting that an actual injury does not need to take place for a 2nd-degree assault with a dangerous weapon to exist. So long as there is a fear-based assault and dangerous weapon involved, there may be 2nd-degree assault with a dangerous weapon charge.
Dangerous weapon determinations are generally made on a case-by-case basis. Accordingly, it is essential that anyone accused of this offense consult with an experienced criminal defense lawyer.