Major FL Court: Rocks Were NOT Deadly Weapon for Aggravated Assault Purposes

April 10, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 3rd District Court of Appeal reversed a juvenile’s adjudication of delinquency for aggravated assault after finding that lobbing ‘quarter-sized rocks’ in the direction of the victim was not aggravated assault with a deadly weapon.

CASE: J.P. v. State, 128 So.3d 61 (Fla. 3d DCA 2013)

Charge(s): Aggravated Assault with a Deadly Weapon

Outcome: Adjudication of delinquency REVERSED, as the juvenile defendant did not threaten to use a “deadly weapon” against the victim by lobbing quarter-sized rocks in his direction. 

Aggravated Assault with a Deadly Weapon in Florida

In Florida, aggravated assault with a deadly weapon (Fla. Stat. 784.021(1)(a)) is a very serious felony. It is typically considered a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. But under certain circumstances, aggravated assault is a second-degree felony (up to 15 years in prison and a $10,000 fine). For more, click here.

For someone to be guilty of aggravated assault with a deadly weapon without intent to kill, the State must prove all of the following beyond a reasonable doubt:

• The defendant made an intentional and unlawful threat of imminent violence
• The defendant had the apparent apparent ability to carry out the threat 
• The threat was of such a nature as to create well-founded fear in the victim that violence was about to occur
• A deadly weapon was used in the course of making the threat (e.g. brandished, pointed, swung)

Note: If someone commits an “aggravated assault” (e.g. an act that satisfies the above elements) and did so WITH the intent to kill the victim, someone is likely to face more serious charges – such as attempted first- or attempted second-degree murder. For more, click here.

Examples of aggravated assault with a deadly weapon without intent to kill in Florida include:

• During a road rage incident, A gets out of his car, walks over to B’s car, and points his gun at B – without intending to actually shoot him
• During an argument at a bar, C pulls a knife on D and threatens to stab him if he does not stop “talking smack”
• During a heated dispute over Game 7 of the World Series, E grabs a baseball bat out of the corner of his living room and begins swinging it wildly near F’s head with the intent of getting F to run out of the house

It is important to note that a “deadly weapon” for aggravated assault purposes is not simply a gun (firearm) or a knife.

A deadly weapon in Florida is any instrument or object that is covered by either of the following definitions: 

• The object/instrument causing death or great bodily harm is “within the contemplation of its ordinary design” (e.g. firearms, knives, machetes)
• The object/instrument was used or threatened to be used in a manner that was likely to cause death or great bodily harm (Daniels v. State, 308 So. 3d 212 (Fla. 1st DCA 2020))

Objects found to constitute a deadly weapon for aggravated assault purposes have included spear guns, BB guns, large sticks, vehicles, chairs, and occasionally, rocks. L.R.W. v. State, 848 So.2d 1263 (Fla. 5th DCA 2003)

Important: For a comprehensive breakdown of deadly weapons for aggravated assault purposes under Florida law, click here.

Though the breadth of Florida’s aggravated assault law (in terms of what it classifies as a deadly weapon) is surprising to many, the statute’s scope is NOT unlimited. In some cases, courts have found as a matter of law that the alleged “deadly weapon” used (or threatened to be used) by the defendant was not actually a deadly weapon at all.

In one such case, a juvenile defendant was arrested and charged with two counts of aggravated assault. One count was based on the juvenile allegedly pointing a BB gun at a victim – however, this was dismissed before trial due to a lack of evidence.

The second charge stemmed from the juvenile defendant allegedly “flicking” quarter-sized rocks in the direction of the victim. The trial judge DENIED the defendant’s motion to dismiss after he argued the rocks were:

• Not “designed” to cause death or great bodily harm, and 
• Were not used or threatened to be used in a manner likely to cause death or great bodily harm

The juvenile was ultimately adjudicated delinquent (e.g. found guilty in juvenile court) – and appealed his conviction to Florida’s 3rd DCA (Miami’s highest court). The 3rd DCA reversed the adjudication of delinquency, finding that the “quarter-sized rocks” were not deadly weapons as a matter of law.

Let’s look at that case –  J.P. v. State, 128 So.3d 61 (Fla. 3d DCA 2013) – and discuss what it means for defendants in Florida charged with aggravated assault with a deadly weapon.

KEY CASE: J.P. v. State, 128 So.3d 61 (Fla. 3d DCA 2013) 

In J.P., the juvenile defendant (J.P.) was charged with two counts of aggravated assault with a deadly weapon. The first count (allegedly involving the use of a BB gun) was dismissed due to a lack of evidence. At trial (on the second count), the following facts were revealed:

• J.P. was lobbing quarter-sized rocks at the victim
• The rocks were not being thrown hard, but were being “flicked” or tossed “softly”
• The victim was not struck by any of the rocks

Note: If the victim was struck by the rocks, this would likely have resulted in a charge of battery or aggravated battery. For more on this, click here.

J.P. moved to dismiss the charge before trial and through a motion for judgment of acquittal once trial was underway – arguing that as a matter of law, the rocks were not used as deadly weapons. The trial judge DENIED these, and J.P. was adjudicated delinquent (e.g. found guilty).

J.P. appealed to Florida’s 3rd District Court of Appeal, renewing his argument that he DID NOT use/threaten to use a deadly weapon as a matter of law. The 3rd DCA agreed, REVERSING J.P.’s adjudication of delinquency for aggravated assault. The 3rd DCA wrote:

“As to the rock throwing charge, the testimony was that J.P. was “tossing [rocks] softly with one hand,” not “throwing [them] hard” but merely “flick[ing]” quarter-sized rocks at the victim. This testimony was legally insufficient to sustain an adjudication for aggravated assault. To prove aggravated assault, the State had to show that J.P. committed an assault “[w]ith a deadly weapon without intent to kill.” § 784.021(1)(a), Fla. Stat. (2012). A “deadly weapon” is an item which, “when used in the ordinary manner contemplated by its design, will or is likely to cause death or great bodily harm; or any instrument likely to cause great bodily harm because of the way it is used during a crime.” D.B.B. v. State, 997 So.2d 484, 485 (Fla. 2d DCA 2008). The items at issue here, quarter-sized rocks, are not ordinarily likely to cause death or great bodily harm. And based on the evidence adduced below, the rocks were not used in a way likely to cause great bodily harm and in fact caused no harm.”

Despite reversing his aggravated assault conviction, however, the 3rd DCA found that there was sufficient evidence to sustain a conviction for SIMPLE assault (a second-degree misdemeanor). The 3rd DCA wrote:

“The evidence was, however, sufficient to establish that J.P. was guilty of assault. See § 784.011(1), Fla. Stat. (2011) (“An ‘assault’ is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”); D.B.B., 997 So.2d at 486 (concluding that while throwing a bicycle in a manner not likely to cause great bodily injury or death was insufficient to establish assault with a deadly weapon, it was sufficient to establish simple assault); Rogan, 203 So.2d at 25 (similarly confirming that while throwing a flower pot through a window was insufficient to establish aggravated assault, it was sufficient to support a conviction for assault). We therefore reverse J.P.’s adjudication of delinquency for aggravated assault and remand for the trial court to adjudicate him for assault and to impose a sentence appropriate to that offense.”

Put simply, J.P.’s conduct placed the victim in well-founded fear that “violence” against them was imminent (e.g. by throwing the rocks at them) – just not violence with a deadly weapon.

Note: While aggravated assault is a felony, simple assault is a second-degree MISDEMEANOR, punishable by 60 days in jail and a $500 fine. For more, click here.

In sum, J.P. v. State, 128 So.3d 61 (Fla. 3d DCA 2013) marks a major development in Florida’s corpus of case law surrounding aggravated assault with a deadly weapon – specifically on the issue of what qualifies as a deadly weapon. The 3rd DCA held that:

• The “quarter-sized rocks” J.P. “flicked” at the victim were not deadly weapons, so he was not guilty of aggravated assault with a deadly weapon
• This required REVERSAL of the adjudication of delinquency as a matter of law on that charge
• However, throwing rocks at the victim did constitute SIMPLE assault, as this placed the victim in well-founded fear of imminent violence (but not deadly violence)
• As a result, J.P.’s adjudication of delinquency for aggravated assault was reduced to one for simple assault (a second-degree misdemeanor)

Florida’s criminal defense community should take note of J.P. v. State, 128 So.3d 61 (Fla. 3d DCA 2013), as it makes clear courts will occasionally REVERSE aggravated assault convictions on the basis that a deadly weapon was not used by the defendant.

Aggravated assault can carry lengthy prison sentences and heavy financial penalties. If someone is charged, it is vital to find experienced and aggressive legal representation as soon as possible. 

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting criminal charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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