A toy gun considered a weapon if it is used in a robbery

Published 5:49 am Saturday, May 7, 2022

DEAR LAWYER MARK: I was watching a show the other day where they were talking about a guy who robbed a bank with a toy gun.
That got me to thinking – can you get arrested for “armed” robbery if the so-called weapon you use is just a toy?
It seems to me that you shouldn’t be able to, because you can’t really hurt anyone with a toy gun or knife. — JUST WONDERING
Dear Wondering: To be convicted of what is now called “aggravated robbery” on the basis of having a weapon, a person must have a deadly weapon under their control and display it, brandish it, indicate that he has it, or use it.
Ohio code section 2923.11 defines a deadly weapon as any instrument, devise or thing capable of inflicting death, something adapted for use as a weapon or used as a weapon.
While at first glance it may appear that a toy gun could not fit that definition, a Court of Appeals opinion in State v. Bonner said that where the defendant struck someone in the head with a toy gun, knocking the victim’s glasses off, the defendant could be convicted of aggravated assault because he could have bludgeoned the victim to death with the toy.
DEAR LAWYER MARK: Like everyone else these days, it seems like I’m also headed for divorce.
My wife and I don’t hate each other or anything, we just can’t agree on anything anymore.
Neither one of us has ever cheated on the other, and we don’t physically fight, we just have grown apart.
I don’t really want to break up our marriage, and I would hate to leave the kids, but it’s just no fun being married now.
I’ve asked around and I’ve been told that you can get a divorce just on the fact that you are incompatible.
Can you get a divorce just on those grounds?
Thank you for your advice in the column each week, and double thanks for not publishing our names. — INCOMPATIBLE IN IRONTON
Dear Incompatible: While divorce seems so prevalent today, I and most attorneys who practice domestic relations law typically find it to be the area of law that causes the most pain and grief to everyone involved, including the lawyers.
Divorce cases are especially hard on everybody when children are involved.
Whether or not people end their marriage is a personal decision, but it is a decision that should be made with at least as much thought and consideration as the choice to get married in the first place.
As to your question, incompatibility is a ground for seeking divorce listed in R.C. Section 3105.01, and can be used for the basis of a divorce action unless it is denied by either of the parties. That means that if you sue for divorce on the grounds of incompatibility alone, and your wife denies it in her answer, the court won’t let you get the divorce.
If you’re unsure about seeking a divorce, and are just sad about the current status of your marriage, I recommend you see a marriage counselor before you see a divorce lawyer.

THOUGHT FOR THE WEEK: If a marriage gives out, usually there hasn’t been enough give in. –Anonymous

It’s The Law is written by attorney Mark K. McCown in response to legal questions received by him. If you have a question, please forward it to Mark K. McCown, 311 Park Avenue, Ironton, Ohio 45638, or e-mail it to him at LawyerMark@yahoo.com. The right to condense and/or edit all questions is reserved.

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