The crime of assault and battery comes in many different forms, from simple assault and battery to assault and battery with a dangerous weapon to aggravated assault and battery with a dangerous weapon in Oklahoma. Each of these crimes has different elements that must be proven by the prosecution in order to secure a conviction and each has varying punishments, depending on the circumstances. Here is what you might want to know if you are facing charges for aggravated assault and battery with a dangerous weapon in Muskogee, Oklahoma.
What Is Assault and Battery 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 like a firearm, air gun, conductive energy weapon, or by any other means with the intent to injure that person but not to kill that person or to commit any felony. Okla. Stat. tit. 21 § 645
Assault and battery are really two separate crimes that often occur together and can often be charged together. In Oklahoma, a basic assault is not a physical injury. It is a threat of immediate injury or harm to another, while a battery is considered to be the completed physical contact that causes injury to another.
What Is A Dangerous Weapon?
Assault and battery with a dangerous weapon requires the use of either a sharp or dangerous weapon or a firearm. This weapon is often either a knife or a gun.
However, even an everyday object can be considered to be a dangerous weapon if it is used in a way to make it such. For example, a beer stein is an everyday object, but if used to hit another person over the head, it could cause that person serious injury.
How Is Aggravated Assault And Battery With A Dangerous Weapon Different?
In Oklahoma, aggravated assault and battery is defined as an assault upon another person in which the victim suffers great bodily injury or an assault by a perpetrator who is physically strong or in robust health against a victim who is elderly or otherwise incapacitated. Okla. Stat. tit. 21 § 646
Grave bodily injury can mean that the victim suffers broken bones, disfigurement, loss or impairment of any body part or mental faculty, or substantial risk of death. By its nature, the use of a dangerous weapon involves an intent to cause bodily harm to the victim.
When you start adding weapons to an assault and battery, the injuries to the victim can escalate quickly. That beer stein or baseball can cause significant injury or death.
Penalties
Assault and battery with a dangerous weapon is a felony in Muskogee.
If convicted, a defendant could face up to 10 years in prison for a first offense.
If the assault occurs with a deadly weapon, the penalty could be life in prison.
Aggravated assault carries a penalty of up to five years in prison or up to a year in county jail, a fine of up to $500, or both. Okla. Stat. tit. 21 § 646
In addition, because this is a violent crime, it falls under the 85% Rule. Thus, an offender must serve at least 85% of their sentence before becoming eligible for parole.
If you are facing charges for aggravated assault and battery with a dangerous weapon, every fact in your case may be important. There may be defenses available to you.
For example, the statute requires that the assault and battery be unexcused and unjustified. Self-defense or defense or others provides justification.
These cases and their defenses are complicated. Make sure to discuss this with an experienced Muskogee attorney as soon as possible.
Low-cost Consultation: Muskogee Felony Defense Attorney
If you are facing criminal charges of any kind, you need help to build a solid defense. Even small facts can make a big difference. Don’t try to go it alone. Get the help you need when it matters most.
Our experienced attorneys are here to help. We know your freedom is important and will work with you to preserve it. Our attorneys know how to build a strong defense.
Call a Muskogee felony defense attorney today at 918-884-7774 to ask questions or schedule a low-cost, confidential consultation.