Q: Can “deadly weapon” enhancement be taken off of a charge if no weapon was used? Someone is charged with sexual battery with deadly weapon. The reason deadly weapon was added to the charge was BC the victim claimed she was pistol whipped yet the hospital report from the night of the incident claims no injuries. There was no evidence that a deadly weapon was used. This crime is from the year 2000. The fact that deadly weapon was added to the charge makes it a life felony therefore it cannot be protected by the statute of limitations. If deadly weapon can be dropped from the charge the charge would be considered a 1st degree and the s.o.l would have expired. Not to mention the fact that the case came about due to a partial dna database cold hit and the three victims are not able to positively identify the person charged.