What is Considered a Deadly Weapon in Florida?

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, many people believe the definition of a deadly weapon for purposes of aggravated assault and other violent crimes, such as aggravated battery, to be quite narrow. A “deadly weapon” clearly includes objects like guns or knives – but it is widely believed to end there.

However, when it comes to charging offenses involving a deadly weapon in Florida, a deadly weapon is considered any object that is used or threatened to be used in a manner likely to cause death or great bodily harm. This blog will explore the definition of “deadly weapon” in Florida and what courts have determined constitutes a deadly weapon.

Florida’s courts have generally adopted one of two definitions as to what can be classified as a deadly weapon for purposes of charging aggravated assault, aggravated battery, and other violent offenses:

• A “deadly weapon” is any instrument 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 (J.W. v. State, 807 So.2d 148 (Fla. 2d. DCA 2002))
• A “deadly weapon” is one which can inflict death or great bodily harm (J.T. v. State, 47 So.3d 934 (Fla. 4th DCA 2010))

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

Under these broad definitions, deadly weapons in Florida may include objects such as vehicles, BB guns, baseball bats, and more. One of the most prominent cases that dealt with the breadth of Florida’s definition of a “deadly weapon” is Cloninger v. State, 846 So.2d 1192 (Fla. 4th DCA 2003).

Cloninger was found guilty at trial of aggravated assault with a deadly weapon after hitting a victim in the head with a beer bottle, causing her to temporarily lose consciousness and causing a lump on her head. On appeal, Cloninger asserted that a beer bottle as a matter of law was not a “deadly weapon,” and thus, his conviction should be overturned.

But the Fourth District Court of Appeal disagreed. It found that the question of whether the beer bottle was a deadly weapon was not a question to be answered by a judge, but by the jury. The court noted that since the definition of a “deadly weapon” in Florida is broad – “any instrument likely to cause great bodily harm because of the way it is used during the crime” – a beer bottle could qualify if used in such a manner.

Even a stick can be considered a deadly weapon when the stick was used to beat a victim. Coronado’s conviction for aggravated battery was affirmed by the court, as Coronado used the stick to cause “great bodily harm” to the victim. Coronado v. State, 654 So.2d 1267 (Fla. 2d DCA 1995)

A vehicle can be considered a deadly weapon in Florida if driven in a manner that puts the victim in well-founded fear that violence is about to occur. Even if a defendant did not hit a victim with a vehicle and never intended to, they may still be convicted of aggravated assault if the following occurred (Bryan v. State, 865 So. 2d 677 (Fla. 4th DCA 2004)):

• The defendant intentionally made a verbal or physical threat to commit violence against another person 
• The defendant appeared capable of executing that threat at the time it was made 
• The nature of the threat caused the victim to develop a well-founded (reasonable) fear of imminent violence
• The assault was either committed with a deadly weapon (a vehicle in this case) without intent to kill or with the intent to commit another felony (such as robbery, sexual battery, or kidnapping)

Objects such as loaded spearguns and a BB gun have been classified as deadly weapons depending on the manner in which they are used, due to their ability to cause death or great bodily harm to a victim. In Interest of W.M., 491 So.2d 1263 (1986).

Critically, a firearm is considered a deadly weapon as a matter of law. But when the object used in an assault or battery is not a firearm, courts apply an objective test to determine whether the object can qualify as a deadly weapon. The test examines the nature and actual use of the object, rather than whether the victim was subjectively put in fear or the intent of the defendant. M. R. R. v. State, 411 So.2d 983 (1982).

Under Florida’s sweeping definition of a deadly weapon in aggravated assault and aggravated battery cases, other objects that have been considered deadly weapons by juries (which have been affirmed by appellate courts) include:

• A piece of a broken crossbow. King v. State, 779 So.2d 466 (Fla. 2d. DCA 2000)(holding that whether a piece of a broken crossbow was a deadly weapon was a jury question)
• A pellet gun. (State v. Jeffers, 490 So.2d 968 (Fla. 5th DCA 1986))
• An air pistol that was unloaded and incapable of discharging a projectile. Duba v. State, 446 So.2d 1167 (Fla. 5th DCA 1984)

Objects and instruments that have been held by courts not to be deadly weapons as a matter of law include:

• A flower pot one foot in diameter that was filled with dirt. Rogan v. State, 203 So. 2d 24 (Fla. 3d. DCA 1967))
• Bare hands and feet (unless in exceptional circumstances, such as MMA fighters). Dixon v. State, 603 So. 2d 570 (Fla. 5th DCA 1992).
• A bicycle when thrown at a victim. D.B.B. v. State, 997 So. 2d 484 (Fla. 2d. DCA 2008)

Certain objects may or may not be considered deadly weapons, depending on the totality of the circumstances. Objects that may or may not qualify include rocks, canes, and shoes. Saint‑Fort v. State, 222 So. 3d 624 (Fla. 4th DCA 2017); J.P. v. State, 128 So. 3d 61 (Fla. 3d. DCA 2013); Wallace v. State, 565 So. 2d 826 (Fla. 5th DCA 1990); Davis v. State, 565 So. 2d 826 (Fla. 5th DCA 1990)

In sum, a deadly weapon in Florida is considered any object or instrument that is used or threatened to be used in a way that is likely to cause death or great bodily harm. The “deadly weapon” must have the capability of causing death or great bodily harm.

Though certain objects have been found not to be deadly weapons as a matter of law, Florida’s courts generally allow the jury to determine whether an object or instrument qualifies.An object is generally considered a deadly weapon if its nature or the way it is actually used (or threatened to be used) during an offense is likely to cause death or great bodily harm.

Aggravated assault, aggravated battery, battery and simple assault 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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