Understanding the Elements and Definition of Assault and Battery with a Dangerous Weapon in Oklahoma
Understanding Assault and Battery with a Dangerous Weapon
I am Oklahoma attorney James Wirth. In the state of Oklahoma, assault and battery with a dangerous weapon is a serious crime that can result in felony charges and up to 10 years of jail time. As an Oklahoma attorney, I have seen many cases related to such crimes. In this article, we will discuss what the state needs to prove to find someone guilty and what constitutes a dangerous weapon.
Elements Required for Conviction
In order to convict someone of assault and battery with a dangerous weapon, the state must prove each element of the crime beyond a reasonable doubt. These elements include:
- Assault, battery, or assault and battery
- Upon the person of another
- With a sharp or dangerous weapon
- Without justifiable or excusable cause
- With intent to do bodily harm
Generally speaking, self-defense or consent can be used as a justifiable or excusable cause. However, using a dangerous weapon upon another person is not excusable under any circumstances.
Specific Intent Required
Assault and battery with a dangerous weapon require specific intent, which means the state must prove beyond a reasonable doubt that the defendant intended to do bodily harm to the other person. This is more than what is required for assault and battery with a deadly weapon, which only requires general intent.
What Constitutes a Dangerous Weapon?
A sharp or dangerous weapon is broadly defined in Oklahoma law. Any knife, firearm, or gun can certainly be considered a dangerous weapon. However, any other item can also be considered as such if it is likely to produce death or great bodily harm in the manner it is used.
For instance, I have seen cases where glass bottles or even a sidewalk curb were considered dangerous weapons. It is not about the type of weapon, but how it was used that counts.
Get Legal Advice
If you are facing allegations of assault and battery with a dangerous weapon, it is important to seek legal advice specific to your case. At my office, we offer initial strategy sessions to evaluate your circumstances and provide you with the best options moving forward. Schedule an appointment with us today and speak with a Tulsa criminal defense lawyer by visiting makelaweasy.com.
