Defining Deadly Weapons in Fort Lauderdale Domestic Violence Cases

Domestic battery charges become much more serious with the presence of a deadly weapon. If prosecutors establish that you used a deadly weapon, you may face mandatory minimum sentences, the loss of your constitutional rights, serious fines, and a range of other consequences for domestic violence in Fort Lauderdale. When facing this situation, it becomes very important to understand how Florida defines “deadly weapons.” This definition is surprisingly broad.

The Legal Definition of a Deadly Weapon in Florida 

Some weapons are obviously deadly, while others may seem at first like random objects. The more obvious examples of deadly weapons include firearms, knives, and bombs. It is important to note that despite their name, some “non-lethal” weapons may be considered deadly weapons. For example, Chapter 790 of the Florida Statutes states that tear gas and slingshots are deadly weapons.

However, virtually anything may be considered a deadly weapon under certain circumstances. Essentially, the use of the object is more important than its inherent design. You can use a rolling pin or a metal trophy to bludgeon someone to death – even though these objects are clearly not designed for combat. As a result, Florida intentionally keeps the definition of deadly weapons vague. Although this may seem frustrating for those who want clear answers, the open-ended definition provides you with the opportunity to challenge aggravated assault charges.

Past cases have exhibited serious levels of inconsistency in defining deadly weapons – calling thrown skateboards “undeadly” weapons while classifying thrown glass bottles as “deadly.” It is difficult to discern any predictable pattern in these rulings. At the end of the day, it comes down to your defense lawyer’s ability to convince the court that whatever you used in your alleged domestic violence incident was not capable of causing serious bodily injuries.

Focus on The Incident, Not the Weapon 

While arguing that the object in question does not qualify as a deadly weapon may be beneficial, it often makes more sense to focus on the underlying incident itself. If you can show that you never actually committed domestic violence, the existence of a deadly weapon becomes a moot point. For example, the alleged incident may have occurred while you were carrying out repairs with a wrench (a potential deadly weapon). If you never actually threatened or touched the alleged victim, the fact that you were holding a wrench is completely irrelevant.

Find a Qualified Domestic Violence Defense Attorney in Fort Lauderdale 

If you’ve been searching for a qualified, experienced domestic violence defense attorney in Fort Lauderdale, look no further than Haber Blank. With our assistance, you can push back against needless penalties for domestic violence. Although you may have been accused of using a deadly weapon, we can help you establish that this was not the case. The definition of deadly weapons in Florida is all-encompassing, but it is also very subjective. Reach out today to learn more.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.001.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.021.html