Quote Originally Posted by tanksoldier View Post
Civilians don't have a use of force continuum.
There is force and deadly force, with nothing in between.
A baton will be considered a deadly force implement no matter how you use it or intend it.
Quote Originally Posted by tanksoldier View Post
If you pick up a stick and hit someone with it, it will be charged as assault with a deadly weapon or the equivalent.
Same if you have a baton in your pocket. It’s no different than using beanbag rounds or rock salt. Both can kill, so if you don’t need to kill someone why are you shooting them? If you need to kill, why are you using rock salt?
You may convince the DA differently later, or convince a jury, but at the scene that is what the arrest charge sheet will show.
If you don’t need to defend yourself or another from imminent threat of death or serious bodily injury, don’t use a deadly weapon. If you do, use something better than a stick.
At best, this info is conditional and subject to variation by jurisdiction.