Q. Can a small piece of wood with a sharp end on it qualify as a “deadly weapon” in an “assault with a deadly weapon” criminal charge?

A. Probably. Certain items such as firearms, dirks, blackjacks, etc. have been held by the court’s to be deadly weapons as a matter of law. Other objects, while not deadly in everyday use, may be used, under certain circumstances, in a manner that is likely to produce death or great bodily injury and, as such, can be considered to be deadly weapons. Factors that are considered to determine whether an object is inherently deadly or dangerous as used include the nature of the object, the manner in which it is used in all of the surrounding circumstances of its use.

In various cases, the courts have considered deadly weapons to include, screwdrivers, knives, ice picks, three pronged forks, bow and arrow, etc.
In a recent southern California case, the Court of Appeals upheld a defendant’s conviction for assault with a deadly weapon when his female accomplice, either before or after the robbery, she held the victims sharp pencil up to his neck and warned him not to come back with the police.