Staying calm in a tense situation can sometimes be the difference between freedom and jail. However, a situation can go from bad to worse in Tahlequah, Oklahoma if a weapon is involved. If you’ve hurt someone with a weapon, you might be charged with aggravated assault and battery with a dangerous weapon. If so, contact an experienced Tahlequah attorney today.
Understanding Assault And Battery
It is illegal in Oklahoma to commit any willful and unlawful attempt or offer with force or violence to do corporal hurt to another.
To be charged with assault, however, the attempt to do harm is enough, even if the other person was not actually harmed. Okla. Stat. tit. 21 § 641
In comparison, battery is defined as any willful and unlawful use of force or violence upon the person of another. Okla. Stat. tit. 21 § 642
Unlike assault, battery requires actual physical contact with the victim.
Defining Aggravated Assault And Battery With A Dangerous Weapon
Aggravated assault and battery in Oklahoma occurs when:
- either great bodily injury is inflicted on another person; or
- the assault and battery is committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated.
Bone fracture; protracted and obvious disfigurement; protracted loss or impairment of the function of a body part, organ, or mental faculty; or substantial risk of death are defined as great bodily injury. Okla. Stat. tit. 21 § 646
It is also illegal to commit any assault and battery with any sharp or dangerous weapon with the intent to injure any person. It is not required that you have the intent to kill, just the intent to injure. Okla. Stat. tit. 21 § 645
Penalties For Aggravated Assault And Battery Oklahoma
This crime is a felony in Tahlequah.
You could spend up to five years in prison and pay a fine of up to $500.
However, if a dangerous weapon is involved, you could face up to 10 years behind bars.
Low-cost Initial Consultation: Tahlequah Criminal Defense Lawyer
A charge of aggravated assault and battery with a dangerous weapon in Oklahoma can lead to a felony conviction and other serious consequences.
If you or someone you know is facing this charge, please call a Tahlequah felony defense lawyer at 918-458-2677.
If you prefer written correspondence, send us your legal question using the form at the top right of this page.
