Toy Gun Considered Deadly Weapon In Nevada

If you rob a bank with an unloaded toy gun, you will be charged and likely convicted of burglary while in possession of a deadly weapon and robbery with use of a deadly weapon. The Nevada Supreme Court recently decided this very issue in the case of Berry v. State. He could also have been charged with kidnapping, battery with intent to commit a crime, extortion, theft, and assault and battery.

This defendant allegedly stuck a toy gun to a bank employee’s head while she walked to her car during closing time. He allegedly made her unlock the safe, which took ten minutes. During the wait, the defendant felt her up and made lewd comments about her body being sexy, causing her to feel like he might rape her. Along with being charged with burglary with a deadly weapon and robbery with use of a deadly weapon, the defendant was also charged with one count of open and gross lewdness.

The Defendant allegedly ran from the police who waited for him to exit the bank, and they finally caught him in an apartment complex hiding behind a washing machine. The police found the stolen loot and toy gun.

He was convicted of the three crimes and decided to appeal while in prison. The Supreme Court reviewed his argument, and disagreed with him. Berry thought that he was being clever by using a toy gun. He may have thought that he would not get hard time if he used a toy instead of a real weapon.

The unloaded toy was still considered a deadly weapon, partly because it could potentially be adapted for such since it had a spring mechanism, trigger, and the potential to shoot a pellet or perhaps .22 bullet. Also, he intended for his victim to believe it was a deadly weapon in order to effectuate his crime.

The victim, if she had been allowed to have a handgun on her while working at the bank, could have shot him in “apparent” self-defense because she would have reasonably believed her life was in danger.

If you, or a loved one, are charged with a weapons crime, burglary, assault, or open and gross lewdness, you should consider hiring The Jacks Law Group to defend you or your loved one for criminal defense.