Oklahoma has a number of statutes that deal with various kinds and levels of assault and battery. If you are being charged with assault and battery in Oklahoma City, it is essential that you understand the nature of how assault and battery are handled in the state. Assault and battery with a dangerous weapon in Oklahoma City is a particularly serious form of assault and battery. Here is what you need to know.
Assault and Battery: Two Separate Crimes
We often think of assault and battery as one crime, but they really are two different crimes that often occur together. As a result, they are often charged together.
Assault is an intentional threat of force or violence, while battery is the intentional and unlawful force or violence being inflicted on another. Okla. Stat. tit. 21 §§ 641-642.
When you cock back your fist in a threatening manner, that is assault. When you actually punch someone, that is battery. Angry words are not enough for battery; there must be physical contact.
What is Assault with a Dangerous Weapon in Oklahoma?
In Oklahoma, assault with a dangerous weapon is defined as:
- committing an unjustifiable assault, battery, or an assault and battery
- upon another person with any sharp or dangerous weapon such as a firearm, air gun, or conductive energy weapon, or
- by any other means,
- with the intent to injure but not kill that person, or
- to commit any felony.
Okla. Stat. tit. 21 § 645
Assault and battery with a dangerous weapon requires that the assailant use either a sharp or dangerous weapon or a firearm. Sometimes there is a question as to whether a weapon is “dangerous” as that term is used in the statute.
Deadly weapons include the subset of dangerous weapons. This includes any pistol, revolver, dagger, bowie knife, dirk knife, switchblade knife, spring-type knife, sword cane, knife having a blade which opens automatically, black-jack, loaded cane, billy club, hand chain, and metal knuckles.
But even everyday objects, such as rocks, bricks, or even a boot, can be considered a dangerous or deadly weapon if the object is used in a manner likely to cause or threaten serious bodily injury or death.
The crime is a felony. If convicted, you could face 1 to 10 years in prison.
Elements of Assault with a Dangerous Weapon in Oklahoma
Here are the elements of the crime:
- an assault, battery, or an assault and battery
- upon another person
- by shooting at another (or using any other sharp or dangerous weapon)
- without justifiable or excusable cause; and
- with the intent to injure any person.
OUJI-CR 4-13
Since the prosecution must prove every element beyond a reasonable doubt, defenses are built on facts that tend to disprove any of the elements above.
The crime is intentional. The intent required is to hurt another person. If the shooting is as a result of an accident, there may not be any intent to hurt another.
The assault and battery must be unjustifiable. Self-defense is a defense that may be an available defense if the circumstances warrant it.
There may be other defenses available to you.
If you are facing charges for aggravated assault with a dangerous weapon, every fact in your case may be important. Discuss your case with an experienced Oklahoma City attorney today.
Consultation: Oklahoma City Criminal Defense Attorney
Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience. He has the wit and tenacity to match the skill of the Oklahoma City prosecutors.
For a consultation with an Oklahoma criminal defense attorney, call Wirth Law Office – Oklahoma City at 405-888-5400.
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