Assault and Battery With a Deadly Weapon

One of the differences between Assault and Battery with a Dangerous Weapon versus a Deadly weapon is whether there was intent to kill the any other person.  There must be an intent to to kill the person.  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,  However, Oklahoma has lessened the intent to kill when to 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 discharges in conscious disregard for the safety of others, including unborn children.  If convicted, it is a felony charge that carries a minimum of two years and up to life in prison.

Lastly, 21 O.S. 652 provides a catch all that provides that any person that 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.

Intent Matters

Legally speaking, the difference between dangerous and deadly weapons depends on the intent behind the act. For example, 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. On the other hand, 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.

Call the Hunsucker Legal Group at (405) 544-2992 to schedule a free, no-risk case consultation today.