Assault and Battery with a Deadly Weapon is a serious offense in Oklahoma. Although assault and battery are two distinct crimes, they are commonly charged as a single crime. A person may be guilty of assault and battery as a single crime when an assault culminates in a battery. Oklahoma has outlined different kinds of assault and battery crimes within Title 21. For example, assault and battery with a dangerous weapon is a statute of its own. This is the same case for assault and battery with a deadly weapon. Knowing the difference between the two terms is important if you are facing weapon charges in Oklahoma. The prosecutors love to over charge a case so they can enhance potential jail time. This is demonstrated when they charge an assault with a dangerous or even simple assault as assault and battery with a deadly. Don’t let them do it to you and being aware of what they do is part of the battle.
Assault and Battery With a Deadly
To convict a person of a crime the State must show that you intended to do the crime. An accident is never enough. Intent is an important factor that must exist to find a weapon is “deadly”. This intent can be shown from the circumstances surrounding the crime. Here are just a number of ways one can be charged for assault and battery with a deadly weapon:
- shooting a firearm at or in the direction of a person
- using a vehicle to facilitate the shooting of a firearm, crossbow, or other weapon in conscious disregard for the safety of others (drive-by shooting)
- committing assault and battery upon a person and using some kind of weapon. The use of the weapon must be reasonably expected to cause serious injury or death.
An innocent thing like a baseball bat could be considered a deadly weapon, while a threatening firearm like a pistol would only be considered dangerous. Ultimately how the the thing is used and what is used for determines whether an assault and battery can constitute a more serious crime.
Dangerous Weapon and Assault
Assault and battery with a dangerous weapon is a specific intent crime. Once again the State must prove that you committed the assault and battery and that it was unjustified. They must also prove that you did this with the use of a dangerous weapon. The weapon is considered dangerous spending on what it was and how it was used. A thing as innocent as nail clippers can be considered dangerous. When a person hears dangerous weapon they think of a knife or a crossbow. In fact, courts can take in to account a number of considerations to find an item as dangerous. For example, Oklahoma once found a shoe to be a dangerous weapon because it was “used in a manner that would cause great bodily harm.” Even regular household item such as a broom could be considered a dangerous weapon depending on how it was used.
Assault and Battery Lawyer Near You
An assault and battery with a dangerous weapon is a heavy crime. The State can ask that you’re put in prison for up to 10 years. If you are currently facing charges for a felony or misdemeanor our office can help you. Call 918-743-2233 or click here for an on line confidential consultation.
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Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of criminal defense attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.