How to Get Assault with a Deadly Weapon Charges Dropped

Few criminal charges carry penalties as severe as an assault with a deadly weapon conviction. If you are found guilty, your entire life could be changed.

A weapons and firearm defense attorney in Tampa can help get your assault with a deadly weapon charge dropped, reduced, or dismissed will be your best opportunity to avoid a haunting criminal record. Here is more about how you can take steps to protect your future and get your assault with a deadly weapon charge dropped as soon as possible.

What to Do Right Now If You Are Charged with Assault with a Deadly Weapon

An aggravated assault charge is a third-degree felony carrying up to 5 years in prison. If you have been arrested or charged, take these steps immediately:

• Do not speak to police without an attorney. Tell the officer: “I want to speak with my attorney before answering any questions.” Do not explain what happened, why you had a weapon, or what you were thinking. Even self-defense explanations can be used against you if not presented properly.
• Do not contact the alleged victim. Any contact—even through a third party—can result in additional charges or a no-contact order violation.
• Preserve all evidence. Save text messages, photos, and videos related to the incident. If there is surveillance footage from nearby businesses or residences, note the locations so your attorney can request it before it is overwritten.
• Collect witness names and contact information. If anyone saw what happened, get their names, phone numbers, and addresses immediately. Witnesses’ memories fade quickly.
• Document your injuries. If you were acting in self-defense, photograph any injuries you sustained. This evidence is critical to establishing that you were the one threatened.
• Understand the arraignment timeline. In Hillsborough County, arraignment typically occurs within 21 days of arrest. Our attorneys attend first appearances in court to argue for bond and can begin your defense immediately.
• Contact Metcalf Falls at 813-258-4800. We are available 24/7. The sooner we are involved, the more evidence we can preserve and the stronger your defense will be.

Understanding Assault with a Deadly Weapon Charges in Florida

There is no official assault with a deadly weapon charge in the state of Florida. Instead, when you are accused of committing assault with a deadly weapon, you can expect to face charges for aggravated assault according to Florida Statutes § 784.021(1)(a).

People can be charged with assault with a deadly weapon even if there are no victims who have suffered physical bodily injury due to the assault in question.

You could also be charged with murder or attempted murder if you have been accused of assault with a deadly weapon, including intent to kill.

However, for the state’s prosecuting attorney to obtain a conviction in your case, they will need to show that the elements of the events have been met. These elements include:

• You made an intentional threat to cause physical bodily injury or violence to another
• The alleged victim in your case believes you could carry out the threat you made
• You committed an act that created imminent fear in another

What Is Considered a Deadly Weapon in Florida?

Many different types of weapons could be considered a “deadly weapon” under Florida law. Some examples include:

• Nunchucks or throwing stars
• Brass knuckles
• Firearms
• Explosive devices
• Switchblades
• Spring guns
• Billy clubs
• Paint or nail guns
• Nuclear gasses or waste
• Fireworks
• Steel-toed boots
• Glass bottles, when thrown
• A moving vehicle driven toward police
• Darts from blow guns

These are just a few different weapon types that could be considered deadly under the Florida statute. If another type of weapon was used in your case, and you are unsure whether assault with a deadly weapon charge should apply, do not hesitate to contact a criminal defense attorney for help preparing your defense strategy.

Getting Assault with a Deadly Weapon Charges Dropped or Reduced

If you are hoping to get the assault with a deadly weapon charge against you reduced or dropped, there are several potential defenses you could use to avoid a conviction. Some examples include:

Show the Weapon Was Not Deadly

Florida defines a “deadly weapon” broadly, but the prosecution must prove the object was used in a manner likely to cause death or great bodily harm. We challenge this element by examining how the object was actually used—not just what the object is. For example, a household item held in a non-threatening manner, a vehicle that was not actually driven toward anyone, or an object that was never brandished may not qualify. If the weapon element fails, the charge is reduced from aggravated assault (third-degree felony, up to 5 years) to simple assault (second-degree misdemeanor, up to 60 days). Learn more about aggravated assault charges in Tampa.

Prove Self-Defense

Under Florida Statute §776.012, you are justified in using force—including displaying or using a weapon—if you reasonably believed it was necessary to prevent imminent bodily harm to yourself or another person. Under Florida’s Stand Your Ground law (§776.013), you have no duty to retreat from any place you have a right to be. This defense applies far beyond home invasions—it covers encounters on the street, in a parking lot, at a bar, or anywhere else you are legally present.

We investigate thoroughly: who initiated the confrontation, what the alleged victim was doing immediately before the incident, whether there was a reasonable fear of harm, and whether the force used was proportional to the threat. We obtain surveillance footage, witness statements, and physical evidence to support your claim. If successful, a Stand Your Ground motion results in pretrial dismissal—the charges are thrown out before trial. Learn about when self-defense applies in violent crime cases. A felon may also have Stand Your Ground rights under certain circumstances.

Prove Lack of Intent

Aggravated assault requires proof that you intentionally threatened to cause bodily harm. If the weapon was displayed accidentally, if you were joking or exaggerating, or if there was no physical action that would create a reasonable fear of imminent harm in the alleged victim, the intent element is not met. We examine the circumstances—body-cam footage, witness accounts, and the alleged victim’s own statements—to demonstrate the absence of intent. If intent cannot be proven, the charge must be dismissed or reduced.

Suppressing Illegally Obtained Evidence

If police obtained evidence through an illegal search, a warrantless arrest, or a Miranda violation, we file motions to suppress that evidence. Without the suppressed evidence—such as the weapon itself, your statements, or witness identifications obtained through improper procedures—the prosecution’s case may collapse. Learn about defense motions that can get your case dismissed and how the Fourth Amendment protects your criminal case.

Negotiation, Plea Alternatives, and Diversion

Even when the evidence is strong, we negotiate aggressively with prosecutors for favorable outcomes. Common results include: reduction from aggravated assault to simple assault or disorderly conduct, pretrial diversion programs that result in charges being dismissed upon completion, deferred prosecution agreements, and plea agreements that avoid incarceration. For first-time offenders with no violent history, pretrial intervention programs may be available. Learn about Florida diversion programs and eligibility.

Contact a Tampa Assault Defense Lawyer Today

An assault with a deadly weapon conviction can mean years in prison, a permanent felony record, and devastating consequences for your employment, housing, and civil rights. But these charges are beatable—through self-defense, lack of intent, suppression of evidence, or negotiated reductions.

Attorney Brett Metcalf is a former Hillsborough County prosecutor who has handled thousands of violent crime cases. He knows how prosecutors build these cases—and he knows exactly how to challenge every element.

Call 813-258-4800 now or contact us online for a free, confidential consultation. Learn more about our Tampa assault and battery defense practice. We are available 24 hours a day, 7 days a week.