Assault and battery can have a number of consequences, especially if you’ve been charged with aggravated assault and battery with a dangerous weapon in Oklahoma City.
About Assault and Battery in Oklahoma
Oklahoma law makes it illegal to attempt to or actually commit an act of violence against another person.
Many people do not realize that the attempt to harm someone is enough and this is what is considered to be “assault.” Throwing a rock at someone and missing, for example, would be assault. (Okla. Stat. tit. 21 § 641)
On the other hand, the willful and unlawful use of force or violence upon the person of another is considered “battery.” (Okla. Stat. tit. 21 § 642) Here, throwing a rock and hitting a person is battery.
Battery is almost always charged with the crime of assault.
What is Aggravated Assault and Battery with a Dangerous Weapon in Oklahoma?
A charge of aggravated assault and battery is a heightened crime with greater penalties than standard assault and battery. This crime occurs when a defendant has either caused:
1) great bodily injury on another person or,
2) committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated.
“Great bodily injury” includes bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or substantial risk. (Okla. Stat. tit. 21 § 646)
Committing assault and battery against someone using a sharp or dangerous weapon is even more serious crime than straight aggravated assault and battery. Note it is not required that you intended to murder another person, just that you wanted to cause them bodily harm of any kind. (Okla. Stat. tit. 21 § 645)
So, if you purposely cut someone on their shoulder, you can face a charge of aggravated assault and battery with a dangerous weapon in Oklahoma City, even if it is clear that you did not intend to kill that person.
Penalties for Aggravated Assault and Battery Oklahoma
Anyone found guilty of aggravated assault and battery can face up to five years in prison and $500 in fines. If you’ve been convicted of using a dangerous weapon, you can face up to 10 years in jail.
An experienced Oklahoma City felony defense attorney can either argue that you did not at all commit the crime you’ve been accused of if there is evidence of a mistaken identity, self-defense, or some other strong defense.
However, even if you did commit the crime, an attorney can negotiate a lesser charge, such a simple assault and battery, thus lowering any penalties you might be facing.
Free Consultation: Oklahoma City Assault and Battery Attorney
Being charged with aggravated assault and battery with a dangerous weapon in Oklahoma City can lead to serious penalties depending on the severity of the crime. Don’t take your chances when you are facing a decade in jail.
Don’t hesitate to obtain a free consultation with the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW).
If you prefer, send your question directly to an Oklahoma City assault and battery attorney by using the contact form at the top right side of this page.