Earlier quoted context omitted.
> They transform from unarmed to armed when they arm themselves with an object they intend to use as a weapon. That makes sense if they intended to use it as a weapon. What if they didn't? > This is very simple, well-established law. Mens rea makes sense for certain crimes. I would not say someone is 'armed' or 'not armed' based on intent. > Google "mens rea". You're not going to beat a charge with the argument of "I…
> A baseball bat at least is pretty dangerous when used as intended. So is a car. A skateboard isn't, and an ice cube isn't. If you claim to not see the similarity between a skateboard and a baseball bat in terms of the potential for serious bodily harm, you're either lying to us to keep this tepid, boring argument on life-support, or just lying to yourself. > The legal system wouldn't implode if it was just 'assault…
It says "intended to be used" right there in the law.
> So you'd charge and punish a shove identically to hitting someone with a skateboard?
Would you charge a shove exactly the same as stomping on someone's face?
Same crime category doesn't mean same punishment. I would charge a big skateboard swing as worse than a shove, and I would also charge a solid punch as worse than a shove.
You're extrapolating from my posts in an extremely uncharitable way.