Criminal Defense
Since 1993
Since 1993
When is a Rock a “Deadly Weapon?” Fighting Aggravated Assault Charges in Florida
By: John Guidry
Lawyers play games with words; it’s in the job description. The reason we do it is because the legislature often writes frustratingly vague laws. One of the most abused vague terms is “deadly weapon,” which intellectually lazy prosecutors use to transform simple misdemeanors into serious felonies.
Today, we’re going to examine how a misdemeanor assault case involving a kid throwing rocks was upgraded to a felony Aggravated Assault with a Deadly Weapon—and how the appeals court shut it down.
Charged with Aggravated Assault in Orlando? The prosecutor’s definition of a “deadly weapon” may be legally wrong. Call my office for a detailed analysis of the facts and the law in your case. Call John Guidry: (407) 423-1117
A Real-World Example: The Case of the Quarter-Sized Rocks
The case of J.P. v. State, 2013 Fla. App. LEXIS 10095 (Fla. 3rd DCA 2013), began when a juvenile, J.P., was accused of throwing rocks at someone. The testimony revealed he was “tossing [rocks] softly with one hand,” and the rocks were “quarter-sized.”
A police officer arrested him for this. A prosecutor charged him with a felony for this. And a trial judge found him guilty of felony Aggravated Assault with a Deadly Weapon for this. As you’ll see, all three were wrong.
The Legal Standard: What Makes a Weapon “Deadly”?
To upgrade a misdemeanor assault to a felony aggravated assault, the State must prove the use of a “deadly weapon.” Florida law defines a deadly weapon in two ways:
- An item which, by its design, is likely to cause death or great bodily harm (like a gun or knife).
- Any other object that, because of the way it is used during a crime, is likely to cause death or great bodily harm.
It’s that second part that prosecutors love to stretch beyond all common sense.
What Florida Courts Say is NOT a Deadly Weapon
The appeals court in J.P., after reviewing a long history of similar cases, threw out the felony conviction. It doesn’t take a rocket scientist to see why, especially when you look at the other objects that courts have ruled were not used as deadly weapons in their specific cases:
- A bicycle thrown at a victim (D.B.B. v. State, 997 So. 2d 484)
- A skateboard thrown at a victim (E.J. v. State, 554 So. 2d 578)
- A broom handle thrown at a victim (Forchion v. State, 214 So. 2d 751)
- A one-foot-wide flower pot filled with dirt (Rogan v. State, 203 So. 2d 24)
- A fork used to stab a victim three times, causing only scratches and swelling (C.A.C. v. State, 771 So. 2d 1261)
Softly thrown, quarter-sized rocks clearly did not meet the standard. However, the court did find J.P. guilty of the lesser crime of simple assault and sent the case back to juvenile court for an appropriate sentence.
John’s Takeaways
- Prosecutors often try to upgrade misdemeanor assaults to felonies by broadly and improperly defining any object as a “deadly weapon.”
- The legal test is not just what the object is, but whether it was used in a manner likely to cause death or great bodily harm.
- Florida appellate courts have a long history of reversing convictions where common objects (like skateboards, broomsticks, and small rocks) were improperly classified as deadly weapons.
- Even if the felony charge is thrown out, the court can still find you guilty of the lesser included offense of simple misdemeanor assault.
- A defense attorney with a deep knowledge of this specific case law is essential to fight back against these common and unjust overcharges.
I have been defending clients against these exact types of charges in Orange, Seminole, Osceola, Lake, Brevard, and Volusia County since 1993. If you’ve been overcharged, you need an attorney who can make the substantive arguments required to protect you.
If you’re sick of reading stuff about this, I get that. Here’s a great video called “What Is Assault in Florida?”
Yes, I’ve written about this topic before, so if you’re super interested, check out the creatively titled article “What’s the difference between a weapon and a deadly weapon?“
About the Author, John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.