Differentiating Between Dangerous and Deadly Weapons in Oklahoma
Understanding the Difference between Assault and Battery with a Dangerous Weapon and with a Deadly Weapon
I’m Oklahoma attorney James Wirth. Assault and battery with a dangerous weapon and with a deadly weapon are two serious criminal offenses in the state of Oklahoma. But what distinguishes these two offenses?
The Three Differences
The first difference is the purpose and use of the weapon. For an object to be considered a dangerous weapon, it must be used in a way that could cause permanent or serious bodily injury or death. It doesn’t matter whether the object was intended to be used that way or not. On the other hand, a deadly weapon must have been created with the intended purpose of causing great bodily harm or death.
The second difference is intent. Assault and battery with a deadly weapon is a general intent crime, meaning that it only requires willfulness to commit the act. However, for assault and battery with a dangerous weapon, the state must prove beyond a reasonable doubt that the defendant intended to cause bodily harm.
The third and final difference is punishment. A conviction for assault and battery with a dangerous weapon can result in up to ten years imprisonment in Oklahoma. However, if the offense involves a deadly weapon, the defendant can be sentenced to life in prison.
Consult with an Attorney
If you are facing criminal charges related to assault and battery with a dangerous or deadly weapon, it’s crucial to seek legal advice from an experienced attorney. To schedule a confidential consultation with a Tulsa criminal defense lawyer at Wirth Law Office, visit makelaweasy.com.
