Oklahoma Assault Charges: The Necessity of Proving Specific Intent
When it comes to proving assault with a dangerous weapon in Oklahoma, the state must demonstrate specific intent to injure or cause bodily harm. This means that it’s not enough to simply show the act of using a dangerous weapon, but also the intent behind it.
In the case of Eddie Havens vs. State of Oklahoma, the defendant was charged with assault with a dangerous weapon for setting off a pipe bomb near children. Despite no injuries or property damage occurring, he was convicted of the crime.
Challenges in the Legal System
There is a growing trend in the legal system to shift from proving specific intent to general intent in criminal cases. This can have serious implications for individuals facing charges, as it lowers the burden of proof for the state.
In recent years, we have seen cases where courts have allowed general intent to suffice in cases of serious crimes like child abuse by injury. This change in legal interpretation can have far-reaching consequences for defendants.
Seek Legal Guidance
If you are facing criminal charges in Oklahoma, it’s crucial to seek legal guidance from an experienced Tulsa criminal defense attorney who understands the nuances of specific intent laws. Contact Wirth Law Office at 918-879-1681 for a low-cost initial strategy session with a Tulsa lawyer to discuss your case in detail.
