Under the Texas Penal Code §1.07(a)(17), a deadly weapon is “anything manifestly designed . . . for the purpose of inflicting death or serious bodily injury.” If an object does not qualify as a deadly weapon per se under the statute, the State must prove that the object used in the offense was, in the manner of its use or intended use, capable of causing death or serious bodily injury.
The following factors may be taken into consideration in determining whether an object is a deadly weapon:
Physical proximity between the victim and the object;
Threats or words used by the assailant;
Size and shape of the weapon;
Weapon’s ability to inflict death or serious injury; and
Manner in which the assailant used the weapon.