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Rebuttal

46: A Raccoon Is A Deadly Weapon

Rebuttal

Rebmasel

True Crime

4.91.4K Ratings

🗓️ 24 July 2025

⏱️ 64 minutes

🧾️ Download transcript

Summary

(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

Transcript

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0:00.0

Hello everyone and welcome back to the rebuttal podcast where we break down case law calamity

0:04.9

and of course chaos in the legal field. I am once again your host, Reb Maisel, and today we are

0:10.9

going to get right into it. Everyone needs a distraction, and I have just the thing for you.

0:18.4

These cases, these issues that I'm going to talk to you about all revolve around

0:23.6

one seminal legal principle, something that what people may not know varies across states,

0:31.8

across jurisdictions. What is a deadly weapon? Can a deadly weapon be your teeth, your hands? Maybe your long

0:42.0

acrylics, which I'm going to get put on my fingers later this afternoon. Is a deadly weapon,

0:48.0

maybe your breath, maybe your aura, your vibe, your cadence. Do courts decide what a deadly weapon is or do the

0:56.3

legislatures? And if it's the latter, how do they decide? Do they all get together in a group and come up

1:02.8

with a big list of different things you can use that might be deadly, might not be, just like we're

1:10.0

playing an episode of Clue.

1:11.5

Okay? Colonel Mustard in the library with a rope. Is the rope deadly? Is a rope inherently deadly?

1:19.5

Probably not. No. Ropes used for a lot of different things. When does it become deadly?

1:24.6

If you're holding it in your hands while you're assaulting someone,

1:27.9

does that mean assault with a deadly weapon, even though we haven't even proven that your

1:34.2

assault had anything to do with you having a rope? You just happened to have it. Maybe you were at work,

1:39.2

all right? On the docks, docking boats, and you start punching somebody who's bothering you,

1:45.9

rope still in hand? Would a criminal defense attorney advise you if you could pause that

1:51.7

interaction and call them real quick, like we're in the matrix, okay? Would they advise you

1:57.5

to drop the rope before you hit somebody? Throw it away from your person to make sure that

2:03.8

you can't in that moment be committing an assault that normally would be simple, simple assault,

2:10.6

okay, maybe a misdemeanor, maybe some probation. But if you keep that rope in your hand,

...

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