When you think of an “assault with a deadly weapon,” the first things that may come to mind are guns, knives, or other dangerous objects. But what about something as basic as kicking? Could you really be charged with assault with a deadly weapon (ADW) just for kicking someone?
The answer is: it depends on how and where the kick is delivered, and the circumstances around it. While your foot alone isn’t legally considered a “deadly weapon,” courts have ruled that a kick can still lead to an ADW charge if it involves enough force or if special circumstances apply, like wearing steel-toed boots.
In this article, we’ll break down what the law says, how prosecutors look at kicking cases, what courts have decided, and what it could mean for you if you ever face such a charge.
What Is Assault with a Deadly Weapon?
In most states, including California, assault with a deadly weapon is defined under the law as:
- An assault committed with a deadly weapon (like a knife, gun, bat, or similar object), OR
- An assault committed with force likely to cause great bodily injury (GBI).
This means you don’t always need an actual weapon for an ADW charge. If the force of your actions could cause serious injury, that alone may be enough.
For example:
- Punching someone lightly in the arm probably won’t be ADW.
- But repeatedly punching someone in the head until they are knocked out could be.
The same logic applies to kicking.
Are Feet Considered Deadly Weapons?
You might assume that since your feet can cause harm, they automatically count as “deadly weapons.” But legally, that’s not the case.
The California Supreme Court in People v. Aguilar (1997) made it clear:
- Hands and feet are not deadly weapons under Penal Code 245(a)(1).
- Deadly weapons are considered to be objects external to the body.
So, if you kick someone with your bare foot or regular shoe, the foot itself is not labeled a “deadly weapon.”
But — and this is the big point — a kick can still be assault with a deadly weapon if it’s delivered with enough force to cause great bodily injury.
When Kicking Becomes Assault with a Deadly Weapon
Let’s get practical. Here are the main ways kicking could cross the line into ADW:
1. Force Likely to Cause Great Bodily Injury (GBI)
If you kick someone in a vulnerable spot, like their head, neck, or chest, and with significant force, it could qualify as ADW. The law looks at whether the act was likely to cause a “significant or substantial” injury, not whether the injury actually happened.
For example:
- Kicking someone lightly in the shin during a scuffle? Probably not ADW.
- Kicking someone hard in the head while they’re on the ground? Very likely ADW.
2. Kicking with a Weapon or Special Footwear
If you’re wearing steel-toed boots or heavy work shoes, those shoes themselves may be seen as “deadly weapons.” In that case, using them to kick someone could directly qualify as ADW.
For instance:
- Barefoot kick to the leg = unlikely ADW.
- Steel-toed boot kick to the ribs = strong chance of ADW.
3. Intent and Ability
Prosecutors also look at:
- Did you act willfully?
- Did you have the ability to actually carry out the harmful act?
If the kick was intentional and had the potential to cause serious injury, prosecutors may treat it as ADW.
What Counts as Great Bodily Injury (GBI)?
You may be wondering: what does “great bodily injury” actually mean?
The law defines GBI as:
- A significant or substantial physical injury,
- Something more than minor or trivial harm.
This could include:
- Broken bones,
- Severe bruising,
- Loss of consciousness,
- Concussions,
- Internal injuries.
The tricky part is that GBI doesn’t have an exact line. It often depends on how the prosecutor frames the case and how the jury sees the facts.
Important Legal Distinction: Assault vs. Battery
To understand this better, let’s clear up a common confusion:
- Assault is the attempt to use force or the act that could cause harm, even if it doesn’t land.
- Battery is the actual physical contact that causes harm.
So if you swing your foot to kick someone but miss, you could still face an assault charge. If you land the kick, then it could become battery — and depending on the circumstances, battery with a deadly weapon.
Real Case Example: People v. Aguilar
This case is key to understanding how courts view kicking.
- The California Supreme Court decided that hands and feet are not deadly weapons under Penal Code 245(a)(1).
- But the Court also said what really matters is the nature of the force used.
- A kick that’s hard enough and aimed at a sensitive area could still qualify as ADW, even if the foot isn’t technically a weapon.
So, bottom line: kicking can be ADW, but it depends on the force and circumstances.
What Happens If You’re Charged with ADW for Kicking?
Being charged with assault with a deadly weapon is serious. It’s considered an aggravated assault and can be prosecuted as either a felony or a misdemeanor (called a “wobbler” offense).
If charged as a misdemeanor:
- Up to 1 year in county jail,
- Fines (up to $1,000),
- Probation.
If charged as a felony:
- 2–4 years in state prison,
- Fines (up to $10,000),
- Possible strike under California’s “Three Strikes” law.
The punishment depends on:
- How severe the kick was,
- Whether the victim was seriously injured,
- Whether a weapon (like boots) was used,
- Your criminal history.
How Prosecutors Decide
Prosecutors consider several key factors when deciding whether to charge a kick as ADW:
- Intent – Did you mean to cause harm or was it accidental?
- Ability to Inflict Harm – Were you in a position to actually cause injury?
- Severity of Force – Was the kick powerful enough to cause GBI?
- Context – Was it a fight, self-defense, or an unprovoked attack?
- Injuries – Even if injuries weren’t severe, the potential for harm may be enough.
Can You Be Charged Even If No One Was Hurt?
Yes. That may sound surprising, but the law focuses on the potential for injury, not just the result.
Even if your kick didn’t land, or if it only caused a minor bruise, prosecutors could argue that the act itself was capable of producing great bodily injury.
Example:
- You kick toward someone’s head but they duck, and you miss.
- No injury occurred, but the act could still be charged as ADW because of the risk of serious harm.
Defenses Against ADW Charges for Kicking
If you or someone you know is facing charges, here are common defenses that lawyers often raise:
- Self-Defense or Defense of Others
- If you kicked because you were protecting yourself or another person from harm, that may be a valid defense.
- Lack of Intent
- If the kick was accidental (like stumbling into someone), it doesn’t count as assault.
- Not Enough Force for GBI
- If the prosecutor can’t prove the kick was powerful enough to cause great bodily injury, the charge may be reduced.
- False Accusations or Mistaken Identity
- Sometimes fights are chaotic, and it’s not always clear who kicked whom.
Everyday Examples
To make this easier to picture, let’s look at a few everyday scenarios:
- Bar Fight: You get into a brawl and kick someone in the stomach with sneakers. They bruise but recover. Likely not ADW, but could still be simple assault or battery.
- Boot Kick to the Head: You kick someone in the head with steel-toed boots. Strong chance of ADW, since the boots are considered a weapon and the act could cause GBI.
- Soccer Field Scuffle: You lightly kick someone’s shin during a heated moment. Probably won’t be ADW, but may still lead to misdemeanor battery charges.
- Street Attack: You kick a person multiple times while they are on the ground, regardless of footwear. Prosecutors could very well argue ADW because the force and position made serious injury likely.
Why This Matters for You
Understanding this issue is important because many people don’t realize how serious a kick can be in the eyes of the law. What you may think is just a heated moment or minor fight could actually lead to felony charges, jail time, and a criminal record.
Even if you didn’t use a weapon, the law says that your body can produce force strong enough to qualify as an aggravated assault.
Key Takeaways
- Feet alone are not deadly weapons, but kicking can still be assault with a deadly weapon if the force is likely to cause great bodily injury.
- Special footwear, like steel-toed boots, can turn a kick into ADW because the boots themselves may be considered a weapon.
- You don’t need to actually injure someone to face charges — the potential for serious harm is enough.
- Charges can be very serious, leading to jail or prison time.
- Context matters — intent, ability, and the severity of force all play big roles.
Final Thoughts
So, is kicking someone assault with a deadly weapon?
The simple answer is: not automatically. Your feet aren’t legally considered weapons. But if you kick someone with enough force, in the wrong place, or while wearing certain shoes, prosecutors can — and often do — treat it as assault with a deadly weapon.
That’s why it’s important to understand how the law works. A single act of kicking can turn into a serious criminal charge, with life-changing consequences.
If you ever find yourself facing such a charge, know that the outcome depends heavily on the facts of your case — the intent, the force used, the injuries caused, and the circumstances. And in such a situation, getting professional legal advice is essential.