Beyond Simple Assault and Battery
Oklahoma has a number of laws that deal with assault and battery. From simple assault and battery to assault and battery with a dangerous weapon, assault and battery can look very different from one case to another, depending on the circumstances. It is important to contact an attorney in Wagoner to help you navigate these laws.
In Oklahoma, assault is defined as an intentional attempt or intentional threat of force or violence against another. Okla. Stat. tit. 21 § 641. In contrast, a battery is defined as the intentional and unlawful use of force or violence against another. Okla. Stat. tit. 21 § 642.
These crimes can be thought of as the threat of imminent force or violence, and the execution of that threat. The penalty for simple assault is a jail term in of up to 30 days, a fine up to $500 or some combination of both. Okla. Stat. tit. 21 § 644. In contrast, the penalty for a simple assault and battery includes a jail term of up to 90 days, a fine of up to $1,000 or a combination of both.
Because these two crimes often occur together, they are often charged together. In essence, most assault and battery charges are of the “simple” kind described above. This is the typical bar fight or street brawl.
When you start using objects capable of inflicting bodily injury, or you commit an assault and battery against a particular class of people, such as police officers or the frail or elderly, simple assault becomes a much more serious crime.
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, including any type of firearm, air gun or conductive energy weapon such as a taser, or by any other means, with the intent to injure that person.
A weapon is required for this type of assault and battery charge. Courts have consistently looked to the type of weapon used to determine the applicability of this statute. In Oklahoma law, a dangerous weapon is a weapon that is likely to cause death or great bodily injury. Courts have upheld some of the following as sufficiently dangerous to warrant a conviction under this statute: beer glass, feet clad with shoes, automobile window crank, car, leather strap, chair, stick, and clock.
Just proving that the defendant used a dangerous weapon does not prove intent. The prosecution must also prove that the defendant had the specific intent to inflict physical harm on the victim. There is no intent if the harm was caused by accident as long as the defendant was acting in a lawful manner.
The law treats this crime as a felony punishable by incarceration for as long as 10 years in prison or up to a year in the county jail. Okla. Stat. tit. 21 § 645.
If you are facing charges for assault and battery with a dangerous weapon in Wagoner County, you will need the help of an experienced criminal lawyer in the Wagoner area. If convicted, you could spend years in prison. This is not a matter to try to handle on your own. Get the expert help you need.
Call for a Initial Strategy Session With An Experienced Wagoner Criminal Attorney
Don’t try to go it alone. When you need help, all you need to do is call. For a low-cost consultation with a Wagoner, Oklahoma criminal lawyer call the Wirth Law Office – Wagoner at (918) 485-0335 or toll-free at (888) Wirth-Law. Or, as always, you may enter a legal question in the form at the top right of this page.
