Domestic Assault With A Dangerous Weapon
Domestic Assault and Battery with a Dangerous Weapon is when an assault and battery occur, a dangerous weapon has been used, and the act is done upon a member of the person’s domestic family or a domestic partner. 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.
Dangerous 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.
The statute for Domestic Assault and Battery with a Dangerous Weapon is OKLA. STAT. tit. 21 § 644(d), which states “Any person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon an intimate partner or a family or household member as defined by Section 60.1 of Title 22 of the Oklahoma Statutes with any sharp or dangerous weapon, upon conviction, is guilty of domestic assault or domestic assault and battery with a dangerous weapon which shall be a felony and punishable by imprisonment in the custody of the Department of Corrections 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 Domestic 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, battery, or assault and battery occur;
2) with a sharp or dangerous weapon;
3) upon one of the following:
- current or former spouse
- present spouse of a former spouse
- former spouse of a present spouse,
- foster parent
- 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.
4) without justifiable or excusable cause;
5) with intent to do bodily harm.
Oklahoma Jury Instruction #4-12A.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Domestic 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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