Assault With A Dangerous Weapon
Assault and Battery with a Dangerous Weapon, defined as an unjustifiable and intentional act to inflict physical harm on another person with a sharp or dangerous weapon or firearm. The intent is not to kill, but to do physical harm to another person. This crime must meet the requirements for an assault and battery, but also it must be done with a dangerous weapon.
A dangerous weapon is anything that is likely to produce death or great bodily harm in the manner is was used or attempted to be used. These include: A pistol, revolver, dagger, bowie, dirk, switch-blade, spring-type knife, sword cane, knife having a blade which opens automatically, blackjack, loaded cane, billy, hand chain, and metal knuckles.
Oklahoma Statute
The statute for Assault and Battery with a Dangerous Weapon is OKLA. STAT. tit. 21 § 645, which states that “Every person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon the person of another with any sharp or dangerous weapon, or who, without such cause, shoots at another, with any kind of firearm, air gun, conductive energy weapon or other means whatever, with intent to injure any person, although without the intent to kill such person or to commit any felony, upon conviction is guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years, or by imprisonment in a county jail not exceeding one (1) year.”
Elements of the Crime
In order to be convicted of Assault and Battery with a Dangerous Weapon in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:
1) an assault, a batter, or an assault and battery;
2) that the act was done upon another person;
3) with a sharp or dangerous weapon;
4) without justifiable cause;
5) with intent to do bodily harm.
Oklahoma Jury Instruction #4-12.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Assault and Battery with a Dangerous Weapon in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.
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