North Florida’s Highest Court Defines Deadly Weapon in Aggravated Assault Cases

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

A major ruling by Florida’s 1st District Court of Appeal clarifies the meaning of “deadly weapon” in the context of aggravated assault charges.

In Florida, aggravated assault with a deadly weapon is a very serious crime.

Under Fla. Stat. 784.021, the State must prove all of the following beyond a reasonable doubt for someone to be guilty:

• The defendant made a threat, by word or by act, of unlawful violence without legal justification
• The threat was of such a nature to place a reasonable victim in well-founded fear that violence was imminent
• The defendant had the apparent ability to carry out the threat
• The defendant used a firearm or other deadly weapon in making the threat

Someone must actually “use” the deadly weapon during the commission of the offense to be convicted of aggravated assault (e.g. brandishing, pointing, swinging). Simply carrying or possessing it is insufficient as a matter of law. J.M. v. State, 399 So.3d 1286 (Fla. 2d. DCA 2025)

Note: Aggravated assault does not require someone to make harmful physical contact with the victim. If this occurs, it is likely to be charged as battery or aggravated battery. Assault involves placing someone in well-founded fear of violence, not causing physical injury.

Aggravated assault with a deadly weapon is a serious felony in Florida, punishable by up to 5 years in prison and a $5,000 fine. If certain individuals are the victims of an aggravated assault (e.g. law enforcement, firemen, medical personnel while on duty), it is a second-degree felony (up to 15 years in prison and a $10,000 fine).

For more on aggravated assault charges in Florida, including potential penalties and defenses if someone is accused, click here.

In some aggravated assault with a deadly weapon cases, the “deadliness” of the weapon is not in dispute. For example, if someone is alleged to have used a knife or a firearm in carrying out an aggravated assault, these weapons are considered inherently deadly. Cloninger v. State, 846 So.2d 1192 (Fla. 4th DCA 2003)

Courts have ruled that other objects (e.g. baseball bats, vehicles) can be considered deadly weapons in an aggravated assault case if used or threatened to be used in a manner likely to cause death or great bodily harm. Daniels v. State, 308 So. 3d 212 (Fla. 1st DCA 2020)

“Great bodily harm” means great as distinguished from slight, trivial, minor, or moderate harm. It does not include mere bruises. Wheeler v. State, 203 So. 3d 1007 (Fla. 4th DCA 2016).

But given this broad definition of “deadly weapon,” there is some disagreement among Florida’s courts as to where to “draw the line” as to when an object is (and is not) a deadly weapon. A key case on this very issue was decided in 2018 by Tallahassee and North Florida’s highest court. Let’s break it down.

MAJOR CASE: Wallace v. State, 240 So. 3d 872 (Fla. 1st DCA 2018)

In Wallace, the defendant (Wallace) was charged with aggravated assault with a deadly weapon. Wallace was accused of showing up at the victim’s residence (in violation of an injunction) and “lunging” at him with a cane in his hand. However, Wallace did not swing the cane, and the cane never touched the victim.

At trial, Wallace moved to dismiss the aggravated assault with a deadly weapon charge. Wallace argued that he had not used or threatened to use his cane in a manner likely to cause death or great bodily harm to his son. The trial judge denied Wallace’s motion, sending this question to the jury. The jury ultimately convicted Wallace, and he appealed.

The 1st District Court of Appeal found that the evidence against Wallace was “insufficient” to support an aggravated assault with a deadly weapon charge as a matter of law. As a result, the court reversed his conviction and ordered that he instead be sentenced for simple assault (a misdemeanor rather than a felony).

The key question for the 1st DCA was whether the cane held by Wallace at the time he stepped towards his son could be reasonably considered a “deadly weapon” under Florida’s aggravated assault law. The 1st DCA held that it could not, writing: 

“We agree with Appellant that the State’s evidence regarding the cane was insufficient to support the charge of aggravated assault. Although a cane could certainly constitute a deadly weapon in certain circumstances, the victim’s testimony that Appellant lunged at him with the cane or pushed or forced his cane toward him during a verbal altercation and that both men then stepped backward did not establish that Appellant used the cane in a manner likely to produce death or great bodily harm.”

The 1st DCA noted that although the State accurately argued that a cane could be a deadly weapon under certain circumstances, that was not the case here. The 1st DCA observed:

“While the prosecutor correctly argued below that being struck with a cane could cause great bodily harm, there was no testimony presented in this case that Appellant struck the victim, and, according to the victim, Appellant did not swing the cane at him like one would swing a baseball bat or golf club. Instead, the cane was pushed or forced toward Appellant. Based upon the evidence, we hold that the trial court erred in denying Appellant’s motion for judgment of acquittal.”

The court’s reasoning here distinguishes ordinarily non-deadly items (such as canes) from those that are associated with infliction of death or great bodily harm, such as firearms. If Wallace had a gun in his hand rather than his cane, it is all but certain his conviction would have been upheld. In fact, the court explicitly acknowledged this principle, writing:

“Whether an object is a deadly weapon is not to be determined upon its capability of producing death, but rather on its likelihood to produce death or great bodily injury.”

In essence, an object having the ability to cause death or serious bodily injury is insufficient to label it a “deadly weapon” for purposes of charging aggravated assault. Instead, the relevant inquiry under Florida law is how likely the item is to produce this. 

This “likelihood” calculation is influenced by both the nature of the object, as well as the way it is used or threatened to be used during an incident. If an item (such as a cane) is frequently used for alternative purposes (e.g. helping someone walk), and is not used in a manner likely to cause death or bodily harm, it is not a “deadly weapon” for aggravated assault purposes.

But if an item is typically associated with the infliction of injury or death, like a gun or knife, it’s always considered deadly. M.R.R. v. State, 411 So. 2d 98 (Fla. 3d. DCA 1982). This is because death or great bodily harm is in the “ordinary contemplation” of a firearm or blade’s design – in other words, causing harm is their primary purpose.

In sum, Wallace is an important case that clarifies the definition of “deadly weapons” in the context of Florida’s aggravated assault law (Fla. Stat. 784.021).

The 1st DCA ruled that objects that are not ordinarily likely to cause death or great bodily harm are not deadly weapons unless deliberately wielded in a manner that:

• Places a victim in well-founded fear of imminent and unlawful violence, and;
• Threatens an act that, if completed, would be reasonably likely to cause death or serious bodily harm to the victim

Tallahassee and North Florida attorneys should take note, as Wallace v. State, 240 So. 3d 872 (Fla. 1st DCA 2018) provides a more defendant-friendly reading of Florida’s aggravated assault with a deadly weapon law than many other appellate decisions.

Aggravated assault with a deadly weapon and aggravated battery are very serious charges in Florida that 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 drug 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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