Oklahoma Assault and Battery With Dangerous or Deadly Weapon Attorney

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.

Understanding the distinction between assault with a deadly weapon Oklahoma charges and assault and battery with a dangerous weapon Oklahoma charges is crucial, as both section 21-645 (assault and battery with a dangerous weapon) and section 21-652 (assault and battery with a deadly weapon) carry serious felony penalties with potential sentences up to life in prison.

The Key Difference: Intent

The primary distinction between assault and battery with a dangerous weapon versus battery with a deadly weapon hinges on intent. Intent is a question of fact versus a question of law, so usually it will be up to the jury or trier of fact to make that final determination.

• Dangerous Weapon: Intent to injure (but not kill)
• Deadly Weapon: Intent to kill

What is a Deadly Weapon?

A deadly weapon is any object or instrument that is used with the intent to kill another person. The same object can be classified as either dangerous or deadly depending on the intent behind its use. Oklahoma law doesn't provide a specific list of what constitutes a deadly weapon, as the classification depends on how the weapon is used and the perpetrator's intent.

Assault and Battery with a Dangerous Weapon (21 O.S. 645)

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.

This charge also includes shooting any type of firearm, air gun, or taser at another person with intent to injure the person but not with intent to kill the person.

Penalties: Felony charge carrying up to life in prison.

Assault and Battery with a Deadly Weapon (21 O.S. 652)

For an assault and battery with a deadly weapon charge, there must be an intent to kill the person. This includes assault with a deadly weapon with intent to kill charges and battery by means of a deadly weapon charges. Shooting with Intent to Kill also falls under this statute.

The statute states that any person who discharges or shoots another person, including an unborn child, and has the intent to kill, is guilty of a felony and it carries up to life in prison.

Special Circumstances: Vehicle-Facilitated Weapon Discharge

Oklahoma has lessened the intent to kill requirement when it comes to using a vehicle to facilitate discharging a weapon, crossbow or other weapon (i.e., drive by shootings). Intent to kill is not a requirement in these circumstances. Oklahoma only requires that the weapon was discharged in conscious disregard for the safety of others, including unborn children.

Penalties: Felony charge that carries a minimum of two years and up to life in prison.

Catch-All Provision

21 O.S. 652 provides a catch-all that states any person who commits an assault and battery by means of any deadly weapon or by such means and force as to likely produce death would also be guilty of a felony and subject to prison of a term up to life. This provision covers battery by means of a deadly weapon scenarios where the intent may be inferred from the circumstances.

Intent Matters: Understanding the Practical Application

Legally speaking, the difference between dangerous and deadly weapon classifications depends on the intent behind the act. The same object can be classified differently based on how it's used:

Example 1: If you shoot at someone with any type of firearm with the intent to merely injure, you could be charged with assault and battery with a dangerous weapon.

Example 2: A person who uses a baseball bat in an attempt to beat someone to death could face a charge of assault and battery with a deadly weapon.

Whether the weapon is considered "dangerous" or "deadly" ultimately depends on the intent behind its use, not necessarily the object itself. This is why understanding what is a deadly weapon requires looking at both the object and the intent of the person using it.

Why You Need Legal Representation

Both assault and battery with a dangerous weapon and assault and battery with a deadly weapon charges are serious felonies with potential life sentences. The distinction between them often comes down to proving intent, which requires skilled legal analysis and defense strategy. An experienced attorney can:

• Analyze the specific facts of your case
• Challenge the prosecution's evidence regarding intent
• Work to reduce charges when possible
• Protect your rights throughout the legal process

Whether you're facing assault with a deadly weapon Oklahoma charges or assault and battery with a dangerous weapon Oklahoma charges, having skilled legal representation is essential to protect your future.