Assault and Battery With a Dangerous Weapon
In Oklahoma, assault and battery with a dangerous weapon is defined as the committing of an unjustifiable assault, battery, or an assault and battery upon another person with any sharp or dangerous weapon. The weapon can be any type of firearm, air gun or conductive energy weapon such as a taser, with the intent to injure that person.
As opposed to aggravated assault and battery, a weapon, such as a knife, firearm, gun, or even a taser is needed for this type of assault and battery charge. The charge does not depend on the result as much as the what could result.
Use of a dangerous weapon in a violent attack increases the risk of a serious injury. As such, the law treats this crime as a serious felony punishable by a jail term of up to 10 years in prison or up to a year in the county jail. Okla. stat. tit. 21 § 645.
An item that might not be designed as a weapon might be construed to be a dangerous weapon depending on how a person wields the item. Prosecutors might argue that a baseball bat, a lamp stand or fireplace poker wielded as a bludgeon or spear comprised a dangerous weapon.
Assault and Battery with a Deadly Weapon
Shooting with intent to kill is another type of assault and battery. The difference is a person’s deadly intent when committing the act, as opposed to an intent to injure. Oklahoma law calls shooting with intent to kill assault and battery with a deadly weapon.
Shooting with intent to kill is defined under Oklahoma law as the intentional and wrongful shooting of another with any kind of firearm, with the intent to kill that person. This can include an unborn child. The crime has deadly consequences and as such, is chargeable as a felony punishable by life in prison. Okla. stat. tit. 21 § 652.
Oklahoma Drive-By Shooting Law
In contrast, using a vehicle to facilitate the intentional discharge of a firearm, crossbow or other weapon in conscious disregard for the safety of any other person or persons, including an unborn child, is a felony punishable a prison term from 2 years up to life. This statute addresses the typical drive-by shooting. The level of intent is different for this crime than for shooting with intent to kill. There is no direct intent to kill required for this crime, only a reckless disregard for the safety of another.
Assault and battery can occur in various ways and under various circumstances in Oklahoma. Assault and battery with a deadly weapon or other any means that is likely to kill another, including an unborn child can be charged as felonies A&B with a deadly weapon is punishable by up to life in prison. Okla. stat. tit. 21 § 652.
Assault and battery with a dangerous weapon or with a deadly weapon can mean years of prison time. Statutes can be complex in this area of the law and as such, you will want the services of an experienced Tulsa, Oklahoma criminal attorney when you are charged with assault and battery of any sort.
Free Consultation With a Tulsa Criminal Attorney
Many assault and battery charges carry long person sentences in Oklahoma. If you are charged with any violent crime or attempted violent crime in the Tulsa, Oklahoma area, you need an experienced Tulsa criminal attorney. You need an advocate who knows the Tulsa court system. Wirth Law provides that kind of experienced advocacy.