Can a Broomstick Be a Deadly Weapon? (Spoiler: Not Usually)

By: John Guidry

So, the question for the day is a simple one: Can a broomstick be a deadly weapon?

• The Hollywood Answer: Of course. In the hands of Bruce Lee, even a feather is deadly.
• The Legal Answer: In real life, the courts have applied a much stricter standard.

In Brevard County, Brandon Brown was convicted of Aggravated Battery with a Deadly Weapon.

• The Stakes: Aggravated Battery is a Level 7 offense. This scores 56 points on a sentencing scoresheet. Since anything above 44 points means mandatory prison, Brown was facing hard time.
• The Weapon: Brown allegedly used a “hollow, flimsy, plastic broomstick” to batter his former girlfriend.
• The Injury: She sustained no injuries, though she testified the hits were painful.

Did the State charge you with a felony for using a harmless household object?

Don’t let them overcharge you. Call John today at (407) 423-1117.

The Case: Brown v. State (The Plastic Broomstick)

In Brown v. State, 86 So. 3d 569 (Fla. 5th DCA 2012), the defense attorney asked the judge to dismiss the charge because the prosecutor never proved the broomstick was “deadly.”

• The Trial: The prosecutor didn’t even introduce the broomstick into evidence. Yet, the Judge denied the motion to dismiss.
• The Conviction: Brown took the stand, admitted to hitting her (Simple Battery), but denied it was deadly. The jury convicted him of the felony anyway.

What is a “Deadly Weapon”? The Florida Statutes contain a zillion definitions, but “deadly weapon” isn’t one of them. Because the legislature was too busy to define it, the courts stepped in with this rule from Michaud v. State:

“An instrument that will likely cause death or great bodily harm when used in the ordinary and usual manner contemplated by its design.”

The Ruling: Not Deadly

The Appeals Court overturned Brown’s conviction. They found that the State never presented any evidence that a “hollow, flimsy, plastic broomstick” could cause death or great bodily harm.

The “Fork” Precedent (C.A.C. v. State) The Court cited C.A.C. v. State, 771 So. 2d 1261.

• The Facts: A defendant stabbed a victim several times in the back with a fork.
• The Injuries: Scratches, swelling, and puncture marks. No medical treatment required.
• The Ruling: The Court overturned that conviction too. A fork is designed for eating, not killing. Since it wasn’t used to stab the neck or eyes, it wasn’t a “deadly weapon” in that specific case.

The Result: A broomstick is not a deadly weapon. A fork is not a deadly weapon. Why do prosecutors continue to charge felonies for this? Because it scares defendants into taking plea deals.

John’s 2026 Update: The “Strangulation” Pivot & Yeti Cups

Note: In 2012, prosecutors lost because the weapon wasn’t deadly. In 2026, they avoid the “weapon” debate entirely.

1. The “Battery by Strangulation” Pivot Because cases like Brown make it hard to prove a household object is deadly, prosecutors now prefer Domestic Battery by Strangulation (Fla. Stat. 784.041).

• The 2026 Strategy: If there was a scuffle involving a broomstick, but also a momentary grab of the neck or blocking of the nose/mouth, the State will charge Strangulation.
• The Danger: This is a Third Degree Felony that does not require a weapon or significant injury. They don’t need to prove the broomstick was deadly; they just need to prove you impeded breathing for a second.

2. The “Yeti Cup” Attack Modern household items are heavier than plastic broomsticks.

• The Trend: We are seeing more Aggravated Battery charges involving heavy stainless steel tumblers (like Yetis or Stanleys).
• The Defense: Unlike a flimsy broomstick, a full 40oz steel cup can crack a skull. However, we still use Brown to argue: “My client threw the cup, but it hit the arm. Used in that manner, it was not likely to cause death.”

3. Senate Bill 890 (2026) The legislature is currently looking at Senate Bill 890, which would expand the Strangulation charge to non-domestic relationships.

• The Impact: If this passes, a bar fight where you put someone in a headlock could instantly become a felony, even if you never threw a punch or used a weapon.

Simple Battery is Not a Felony

If you got into a fight and grabbed the nearest object (a pillow, a remote, a broom), you committed a misdemeanor, not a felony. Don’t let the State upgrade your charge just because you held something in your hand.

Call me at (407) 423-1117. Let’s get the charge reduced.

About 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.