Assault and Battery With Dangerous or Deadly Weapon

Title 21 of the Oklahoma statutes outlines the various types of assault and battery crimes that may be prosecuted in our state. However, it can become difficult to distinguish these offenses, especially if you do not have formal legal training.

For instance, section 21-645 describes Assault and Battery with a Dangerous Weapon, while section 21-652 discusses Assault and Battery with a Deadly Weapon. Assault and Battery with a Deadly weapon is covered in another section.

The statute doesn’t list what items would be considered dangerous. It just requires an assault and battery with any sharp or dangerous weapon.  The dangerous weapon leaves a lot open for interpretation. Any implement other than your own body that is used to perpetrate an assault can be considered a weapon. This could be anything from a household item such as a broom or frying pan to a gun or knife. Whether the weapon is considered “dangerous” or “deadly” hinges on the intent. It also includes shooting any type of firearm, air gun, taser at another person with intent to injure the person but not with intent to kill the person.

Whether a person is charged with Assault and Battery with a Dangerous Weapon versus a Deadly Weapon hinges on the intent. Intent is a question of fact versus a question of law so usually it will be up o the jury or trier of fact to make that final determination.  The charge is a felony charge and carries up to life in prison.

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