Felonious assault is described in Okla. Stat. tit. 21 § 681 as an assault committed with the intention of committing another crime except an intent to kill. The attack can happen during the commission or attempted commission of another felony such as rape or robbery. The charges laid against the defendant in such a case are for the felony they committed or intended to engage in and for felonious assault.
A person cannot be charged with felonious assault alone without an accompanying felony. However, charges are laid for the assault and the felony, whether or not the felony happened.
When the felony failed despite assaulting the victim, the defendant is charged with an attempt to commit the felony and felonious assault. The felonious assault statutes in Muskogee, Oklahoma are meant to obtain convictions of the accused in each case.
Burden of Proof
Even though Oklahoma statutes make it easy for a prosecutor to convict an accused in a felonious assault case, they still have to prove their case. To get a conviction, they must show that indeed an assault did happen on another person, with the intent to commit a felony. They must then prove that the felony was indeed committed or an attempt was made to commit it.
The prosecutor cannot sustain a case for felony assault if they prove the assault, but fail to show that a felony was attempted or committed.
Assault and Battery
Assault and battery are not the same as felonious assault.
A simple assault in Oklahoma is a deliberate attempt or risk of force or aggression against someone else.
On the other hand, simple battery is the unlawful and intentional use of violence or force against another.
The two are usually charged together.
Felonious assault is usually the lesser crime when compared to the crimes you are charged with alongside it. However, as a separate crime, it also attracts penalties.
If convicted of this crime, the defendant faces $500 in fines, up to five years in prison, or both. They will also face penalties for the felony they intended to commit or that they committed.
If convicted of felonious assault alongside a sexual crime, the defendant faces penalties for both crimes. He or she must also register as a sex offender.
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