Can a $5 Footlong Land You a Felony? Nebraska Assault Law and the “Sandwich as Weapon” Case

It sounds ridiculous, but yes—under both Nebraska and federal law, even a sandwich can be considered a weapon if it’s used to harm, intimidate, or make unwanted physical contact. The now-viral Sean C. Dunn case in Washington, D.C., proves the point: Dunn threw a sub sandwich at a federal officer during a heated late-night confrontation and wound up facing a felony. This post explains how Nebraska assault laws work, when a non-deadly item becomes a “weapon,” examples from real cases, potential defenses, and why who you hit matters as much as what you hit them with. If you think something like this could “never happen to you,” you may be in for a legal surprise.

The $5 Footlong That Made Headlines

It’s late at night in Northwest D.C. Sean Charles Dunn spots a group of U.S. Customs and Border Protection officers. Words are exchanged—heated ones. Dunn walks away… but then comes back.

This time, he’s holding a sandwich. In one quick motion, he throws it straight at an officer’s chest.

The whole thing is caught on video, goes viral on Instagram, and by the next day, Dunn is in custody. His charge? Assaulting a federal officer under 18 U.S.C. § 111.

In Nebraska, that same act could fall under Neb. Rev. Stat. § 28-310 for assault—or § 28-931 if the target is a police officer—regardless of whether the object is edible.

How Nebraska Law Defines Assault

Under Nebraska Revised Statute § 28-310, you commit third-degree assault if you:

• Intentionally, knowingly, or recklessly cause bodily injury to another person

• Threaten another in a menacing manner

• Intentionally place another person in reasonable fear of bodily injury

You don’t need to cause an actual injury—threatening or menacing behavior is enough.

Everyday Objects as Weapons

Nebraska’s definition of a “deadly weapon” under § 28-109(6) is broad: any object that, in the way it’s used or intended to be used, can cause death or serious bodily injury.

That means courts have treated many everyday objects as weapons, depending on how they’re used:

• A cup of hot coffee thrown at someone

• A shoe used to strike a person

• A heavy sandwich or frozen food item hurled at someone’s face

The key legal question isn’t what the object is, but how it’s used.

Even if the object doesn’t qualify as a “deadly weapon,” throwing it at someone can still be assault if it’s done aggressively or in a threatening way.

The “Unconventional Weapon” Defense

If you’re charged with assault involving something like food, a defense attorney might focus on:

• Intent – Was this an act of aggression or just a prank?

• Capability – Could the object realistically cause harm in the way it was used?

• Accident – Did the contact happen unintentionally?

These arguments are harder to win if there’s video evidence, a heated exchange beforehand, or a confession—like Dunn reportedly telling police, “I did it. I threw a sandwich.”

Why It’s Worse With Officers

In Nebraska, § 28-931 makes assaulting a law enforcement officer a felony—even without injury. Federal law takes the same approach. If the “victim” is an officer, the penalties go up, regardless of whether the object was a sandwich or a steel pipe.

Lessons From the Sub Sandwich Case

• “Harmless” objects can still get you charged with assault.

• Intent and context matter as much as the object itself.

• Assault on law enforcement almost always raises the stakes.

• Viral video can turn a minor act into a major legal problem.

FAQ: Food, Assault, and Nebraska Law

Q: Can throwing food at someone really be a crime?

Yes. If it’s used aggressively or threateningly, it can qualify as assault.

Q: Do I have to injure someone for it to be assault?

No. In Nebraska, threatening someone in a menacing way or making them fear they’ll be hurt can be enough. That’s the difference between assault (threat/fear) and battery (actual contact).

Q: What’s the difference between state and federal assault charges?

Federal charges often involve federal officers and can carry stiffer penalties. Nebraska charges apply in other contexts, but both can be serious.

Q: What should I do if I’m charged in a case like this?

Your first step should be to contact a criminal defense attorney immediately. Do not speak to law enforcement without your lawyer present.

Bottom Line

Whether it’s a five-dollar footlong or a frozen burrito, the law doesn’t care about the menu—it cares about how you use it. In the wrong context, an impulsive toss can escalate into a criminal charge with life-changing consequences.

If you’re facing assault charges in Nebraska—sandwich-related or otherwise—call a defense lawyer before you say or do anything else.