The state of Florida describes the crime of assault as any intentional physical or verbal threat against another person that causes fear of a harmful action. Assault with a deadly weapon is a specific crime within that law. While the term “assault” suggests that a physical confrontation like a fist fight occurred, the charge of assault can apply to any situations where one person made threats with such ferocity that a victim could reasonably believe their life was in danger.
Using a deadly weapon takes assault a step further by including the use of weapons in conjunction with the threat. So, if a person threatens a victim while holding a broken bottle, that person could be charged with assault with a deadly weapon.
Any kind of weapon or tool that can be used to end a life would qualify as a deadly weapon. Some quick examples include:
• Firearms, both handguns and rifles
• Knives
• Bat or other blunt instrument
• Razor blades
• Broken bottles
However, some other things can also qualify that you may not think of. The intended use of the object plays a role in determining whether it can qualify as a deadly weapon, which can make the definition of weapon wider than the traditional types.
Some examples of unorthodox weapons may include:
• A car or vehicle
• Pencils or pens
• Rocks
• Garden tools
Assault with a deadly weapon falls under the term of aggravated assault in the Florida Statutes, which notes assault with a deadly weapon occurs when the accused engaged in the assault with the intent of using the weapon in question.
This helps differentiate assault with a deadly weapon as a criminal charge versus an argument for self-defense. Because aggravated assault makes a point of noting the crime occurred either in conjunction to assault with a deadly weapon or in the process of committing another crime (or sometimes both), the individual accused of assault with a deadly weapon would not be able to argue the deadly weapon was used in an act of self-defense.
In simple terms, it all comes down to whether the accused has any intention of actually using the weapon. If a person follows through with the threat and uses the deadly weapon on a victim, the crime could be elevated to homicide or manslaughter.
As a third-degree felony, assault with a deadly weapon can result in a minimum jail sentence of three to five years and a $5,000 fine.
However, if the deadly weapon in question was a firearm or explosive device, the sentencing starts at three years and goes higher for automatic weapons with high-round capacities, discharging the weapon, and any deaths caused by the weapons being discharged.
If the deadly weapon involved in the assault was a gun or destructive device such as a pipe bomb, you would face long mandatory minimum sentences under Florida Statutes § 775.087
If you or a loved one has been accused of the crime of assault with a deadly weapon and you need professional and experienced legal support, contact Farkas and Crowley today by calling (561)444-9529, 24/7 or for inquiries or questions complete our online form.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. No content on this site may be reused in any fashion without written permission from criminal defense attorneys at Law Office of Farkas & Crowley, P.A.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. No content on this site may be reused in any fashion without written permission from criminal defense attorneys at Law Office of Farkas & Crowley, P.A.
