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A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm. Although, this is not necessarily a clear cut answer, the most basic question is that “an object can become a deadly weapon if its sole modern use is to cause great bodily harm.” Whether a weapon is a deadly weapon, for purposes of aggravated battery, is a question of fact that should be submitted to the trier of fact to be determined under all the circumstances, including the weapon and its capability for use.
Florida Statute Section 784.021 defines the specifics of aggravated battery regarding the elements of same. A person’s hands and feet, at least in the absence of special training, generally are not deadly weapons for purposes of aggravated battery charge. Whether a weapon is a “deadly weapon,” within the meaning of the aggravated battery statute, is a question of fact that should be submitted to the jury to be determined under all the circumstances, taking into consideration the weapon and its capability for use… Smith v. State, 969 So. 2d 452 (Fla. 1st Dist. App. 2007)
If you have questions concerning a crime involving a weapon or deadly weapon, contact the Tampa violent crime attorneys of Hackworth Law for a free case consultation. We’ve handled thousands of criminal cases throughout the entire Tampa Bay area and will sit down with you to calculate and determine an effective strategy to ensure your rights are protected. If you would like to contact one of our Tampa violence crime attorneys immediately, please use the “Contact Us Now” tab in the upper right hand corner of our website. If you prefer to call, we also have operators standing by 24 hours a day, 7 days a week to connect your calls to our Attorneys. We appreciate you taking the time to check out our Tampa violent crime attorney blog, and look forward to working with you in the future.