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)
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