Okmulgee Assault and battery crimes are very common in Okmulgee County. Its the kind of crime that’s charged at all different levels with all different ranges of sentencing. Sometimes its charged as simple assault other times its domestic assault and even assault with a deadly. Because of the discretion in the way its handled sometimes assault and battery crimes are overcharged. Over charging a crime is a common tactic used by the District attorney. The reason they do it is that they hope you’ll perhaps be happy with a lesser charge and plead to it.
Assault and Battery with a Deadly vs. Dangerous Weapon
Although assault and battery are two distinct crimes, the two are commonly charged as a single crime. A person can be found guilty of assault and battery as a single crime when an assault culminates in a battery. Oklahoma has outlined different kinds of assault and battery crimes within Title 21. For example, assault and battery with a dangerous weapon is a statute of its own. This is the same case for assault and battery with a deadly weapon. Knowing the difference between the two terms is important if you are facing weapon charges in Oklahoma.
Deadly Weapons in Assault Crimes
Intent is a key factor when a weapon is considered to be “deadly”. Here are just a number of ways one can be found guilty for assault and battery with a deadly weapon:
shooting a firearm with the intent to kill any person
· using a vehicle to facilitate the shooting of a firearm, crossbow, or other weapon in conscious disregard for the safety of others (drive-by shooting)
· committing assault and battery upon another by means of a deadly weapon or by such other means or force as likely to produce death
An item such as a baseball bat can be considered a deadly weapon, even though a threatening firearm like a pistol could only be considered dangerous. Ultimately the use of the weapon determines whether an assault and battery can constitute a more serious crime.
Dangerous Weapons in Assault Crimes
Oklahoma defines crimes such as assault and battery and robbery differently when there is a dangerous weapon involved. That is why there are statutes specifically set out for them. For instance, Section 645 is the statute for assault and battery with a dangerous weapon. According to the statutory language, one is guilty under 645 when they commit an assault and battery with a “sharp or dangerous weapon”, or when a shooting is involved a “firearm, air gun, conductive energy weapon”. When one hears “dangerous weapon”, they may think of a knife or a crossbow. In fact, courts can take in to account a number of considerations to find an item as dangerous.
The Court of Criminal Appeals once held that a shoe was considered a dangerous weapon when used in a manner that would cause great bodily harm. With this in mind, a regular household item such as a hair-straighter could be argued to be a dangerous weapon depending on how it was used. Okmulgee criminal lawyers deal with assault and battery charges all the time.
Okmulgee County Assault and Battery Lawyers
An assault and battery charge can have serious consequences, especially when a weapon is involved. This doesn’t mean you have to assume your guilt following the unfortunate episode. You should get a knowledgeable attorney in your corner as soon as possible. This is the kind of crime that affords you many defenses. The defenses are fact dependent and require you have someone presenting the facts in a way most favorable to you. If you’ve been charged with a crime in Okmulgee County don’t go it alone. Get a Free and absolute confidential consultation with one of our Okmulgee assault and battery attorneys 918.621.8083