Understanding Assault and Battery with a Dangerous Weapon
Let’s talk about assault and battery with a dangerous weapon and the different ways that might be applied. Hi, my name is Carl Birkhead. I’m a Tulsa criminal defense attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now. I want to help you make law easy by talking a little bit about A and B with a dangerous weapon, when that applies, and what to do to try to avoid that.
Defining Dangerous Weapons
Assault and battery with a dangerous weapon refers to any kind of assault or battery where a person uses a sharp or dangerous object to harm someone. The statute includes weapons like firearms, air guns, or even a conductive energy weapon (which, as a science fiction fan, I find pretty cool!). It also covers any other weapon, large or small, that can cause significant harm to someone. This doesn’t just mean typical weapons – everyday items can qualify too, such as a frying pan, a golf club, a baseball bat, or a kitchen knife. And of course, firearms or anything that shoots or launches projectiles are included. For example, if you’re a bowhunter, a bow and arrow or crossbow are also considered dangerous weapons under the law.
Interestingly, this also applies if you attempt to hit someone with your car. I’ve heard people casually say, “If I saw so-and-so on an empty street, I’d floor it.” Well, that’s a crime. Using your car as a weapon, like swinging a bat or using a golf club, can cause great bodily harm, and it qualifies as assault and battery with a dangerous weapon. It’s important to note that sometimes this can be accidental, depending on the intent behind the act. If it’s a reckless or negligent act, such as someone driving under the influence or in a road rage incident, they could still face charges for assault and battery.
Legal Implications and Defense
It’s not just about hitting someone with your car – even trying to run someone over can lead to charges if it appears intentional. So yes, your car can be considered a dangerous weapon under the law. This is one charge that people often overlook, but it’s serious. If you’re facing a charge like this or have questions about how we can help defend you, feel free to reach out.
My name is Carl Birkhead. I’m a Tulsa felony attorney with Wirth Law Office, and I want to help you make law easy.
Schedule a Strategy Session
If you or someone you know is facing charges of assault and battery with a dangerous weapon, it’s crucial to understand your legal rights and options. I offer a low-cost initial strategy session to discuss your case and potential defenses. Feel free to reach out to me at 918-879-1681 to schedule your session today. Let’s work together to navigate the complexities of the law.
