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Domestic Assault and Battery with a Deadly Weapon is when an assault and battery occur, a deadly weapon has been used, and the act is done upon a member of the person’s domestic family or domestic relationship. Included in the category of “domestic family” are present and former spouses, children, parents, people of a blood relation or marriage relationship, or people who live in the same household as the accused.

Deadly weapons 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.

The allegations of domestic violence are serious and can result in the loss of freedom and substantial rights, including possession of a firearm. In it crucial you understand the laws related to domestic violence charges and retain an experienced Oklahoma domestic violence defense lawyer.

Oklahoma Statute

The statute for Domestic Assault and Battery with a Deadly Weapon is OKLA. STAT. tit. 21 § 644(d)(1), which states “Any person who, without such cause, shoots an intimate partner or a family or household member as defined by Section 60.1 of Title 22 of the Oklahoma Statutes by means of any deadly weapon that is likely to produce death shall, upon conviction, be guilty of domestic assault and battery with a deadly weapon which shall be a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life.”

Elements of the Crime

In order to be convicted of Domestic Assault and Battery with a Deadly 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) shooting;

2) A person of the following relationship:

    • current or former spouse
    • present spouse of a former spouse
    • former spouse of a present spouse,
    • Parents
    • foster parent
    • child
    • person otherwise related by blood or marriage
    • person with whom the defendant is or was in a dating relationship
    • individual with whom the defendant has had a child
    • person who formerly lived in the same household as the defendant, or
    • person living in the same household as the defendant.

3) with a deadly weapon;

4) that is likely to produce death;

5) without justifiable or excusable cause.

Oklahoma Jury Instruction #4-6A.

What the Skilled Lawyers at Cannon & Associates Can Do For You

Being charged with Domestic Assault and Battery with a Deadly 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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