A Guide to Felonious Assault in Oklahoma

Felonious assault in Oklahoma usually refers to an assault-related crime charged as a felony instead of a misdemeanor. Oklahoma does not use only one statute for every serious assault case. Depending on the facts, the State may charge aggravated assault and battery, assault and battery with a dangerous weapon, assault with intent to kill, domestic assault with serious injury, assault on certain protected workers, or another felony-level offense. The exact charge matters because each offense has different legal elements and punishment ranges.

When Assault Becomes a Felony

A basic assault or battery may be charged as a misdemeanor in some cases. However, the charge may become a felony when the State claims serious injury, use of a dangerous weapon, intent to cause bodily harm, force likely to cause death, prior domestic convictions, strangulation, or an assault against a protected person.

Oklahoma law provides that aggravated assault and battery is a felony. The punishment may include up to five years in the State Penitentiary, up to one year in county jail, a fine, or both.

Aggravated Assault and Battery

Aggravated assault and battery generally involves more than ordinary physical contact. Oklahoma law treats an assault and battery as aggravated when great bodily injury is inflicted or when a person of robust health or strength commits the offense against someone who is aged, decrepit, or incapacitated.

This means the State must prove the aggravating facts. A fight, shove, or argument does not automatically become aggravated assault and battery unless the evidence supports the required legal elements.

Assault and Battery With a Dangerous Weapon

Another common felony assault charge involves use of a sharp or dangerous weapon. Oklahoma law makes it a felony to commit assault, battery, or assault and battery with intent to do bodily harm and without justifiable or excusable cause using a sharp or dangerous weapon. The statute also covers shooting at another person with certain weapons or means, with intent to injure, even without intent to kill.

This charge can carry up to ten years in prison, up to one year in county jail, or both, depending on the facts and sentence imposed.

Common Defenses

Possible defenses to felony assault charges may include self-defense, defense of others, accident, lack of intent, mistaken identity, false accusation, insufficient evidence, lack of serious injury, no dangerous weapon, medical inconsistency, or constitutional violations.

Self-defense is often important. If the alleged victim was the aggressor, used threats, had a weapon, blocked escape, or attacked first, the accused may have been legally justified in using reasonable force.

Talk to an Oklahoma Criminal Defense Attorney

Felonious assault in Oklahoma is a serious charge that can lead to prison exposure, probation, fines, restitution, firearm consequences, and a permanent felony record. If you’re facing charges of felony assault, speak with an Oklahoma criminal defense attorney before making statements or entering a plea. For a free consultation with an Oklahoma criminal defense attorney at Kania Law Office, call 918-743-2233. You can also ask an online legal question by following this link.