2nd degree felony assault

Is box cutter a dangerous weapon?

In the direct appeal from his convictions for two counts of second degree assault, defendant argued that his convictions must be reversed because the State failed to prove beyond a reasonable doubt that defendant use a box cutter as a dangerous weapon.  The Minnesota Court of Appeals held that the act of defendant chasing after two victims, with a box cutter in hand, coupled with a victim’s testimony that defendant said he was going to kill her, amply supported the jury’s conclusion that defendant committed assault with a dangerous weapon.  Affirmed.

State v. Brown, A18-0568, Hennepin County

Criminal Defense Attorney Lynne Torgerson was not attorney of record in this case.

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