An assault and battery with a dangerous weapon Oklahoma charge is a serious legal matter. Any felony conviction in Okmulgee can change the course of your life.
Defining Assault and Battery in Okmulgee
It is important to understand that under Oklahoma law, assault is one crime and battery is another. Because of the nature of the two crimes, they often occur together and are often charged together.
An assault is any intentional attempt or threat of force or violence against another person. Okla. Stat. tit. 21 § 641
A battery is the intentional and unlawful use of force or violence against another. Okla. Stat. tit. 21 § 642
If you cock your fist back as if to punch someone, that is an assault. The punch is the battery.
What is Assault and Battery with a Dangerous Weapon Oklahoma?
Committing an assault and battery with a dangerous weapon Oklahoma with the intent to do bodily harm and without justifiable or excusable cause, or shooting a person with any kind of firearm, air gun, conductive energy weapon, or other means without the intent to kill is a felony crime.
An assault and battery with a dangerous weapon Oklahoma charge is punishable by imprisonment in the state penitentiary for up to 10 years, or by imprisonment in a county jail for up to one year. Okla. Stat. tit. 21 § 645
If a dangerous weapon was used, but the injury slight, the crime will still have occurred. Depending upon the circumstances, the fact of minimal injury may mitigate toward a lighter sentence.
Knives are guns are dangerous weapons by their nature. They are meant to cause serious injury or death.
But Oklahoma statues do not explicitly define “dangerous weapons.” Just about any implement that can inflict great bodily harm can be labeled as a dangerous weapon under Oklahoma law, if it is meant to inflict that level of harm.
A cast iron frying pan can be a dangerous weapon if it is used to hit a person in the head. So can a chair, if you hurl it at someone with sufficient force.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or someone you know is charged with assault and battery with a dangerous weapon Oklahoma, call 918-756-9600 right away for a initial strategy session with an Okmulgee criminal defense attorney.
You may also send a message to the Wirth Law Office – Okmulgee through this website. All inquiries are confidential.
