Tulsa criminal defense lawyer

Tulsa Criminal Defense Law Firm

Elements of Aggravated Assault And Battery With A Dangerous Weapon in Tulsa

Oklahoma has a number of statutes with deal with various kinds of assault and battery, from simple assault and battery, to assault and battery with a dangerous weapon, to aggravated assault and battery with a dangerous weapon. Each of these crimes can be serious and depending on the circumstances. If convicted, you could face serious jail time. Here is what you might want to know if you are facing charges for aggravated assault with a dangerous weapon. aggravated assault and battery with a dangerous weapon

Aggravated Assault and Battery With a Dangerous Weapon

In Oklahoma, assault with a dangerous weapon is defined as committing an unjustifiable assault, battery, or an assault and battery upon another person with any sharp or dangerous weapon (like a firearm, air gun or conductive energy weapon), or by any other means, with the intent to injure that person, but not to kill that person, or to commit any felony. Okla. Stat. tit. 21 § 645.

Assault and battery with a dangerous weapon requires that the assailant use either a sharp or dangerous weapon or a firearm. Okla. Stat. tit. 21 § 645. Even everyday items such as a beer stein can be a dangerous weapon if used in such a way as to cause great bodily injury.

In Oklahoma, aggravated assault and battery is defined as an assault upon another person in which the victim suffers great bodily injury or an assault by a perpetrator who is physically strong or in robust health against a victim who is elderly, or otherwise incapacitated. Okla. Stat. tit. 21 § 646. This can be done with or without a dangerous weapon.

While a simple assault is an attempt or threat of violence, a battery is the forceful or violent contact with another which can cause injury. When you start adding weapons to an assault and battery the injuries to the victim can escalate quickly. Adding a baseball bat for instance, can cause a victim to suffer great bodily injury or even death if the bat is swung with enough force. That is a perfect example of aggravated assault and battery with a dangerous weapon.

Penalties

Assault with a dangerous weapon is a felony offense, and can land you in jail for as many as 10 years on a first offense. If the assault occurs with a deadly weapon, you could face life in prison. Aggravated assault carries a penalty of as many as five years in prison or as much as one year in county jail. And you could be fined as much as $500. Okla. Stat. tit. 21 § 646. If you are convicted of aggravated assault and battery with a deadly weapon, you will have to serve at least 85 percent of your sentence before you will become eligible for parole.

If you are facing charges for aggravated assault with a dangerous weapon, every fact in your case may be important. Discuss this with an experienced Tulsa criminal defense lawyer as soon as possible.

Free Consultation: Tulsa Criminal Defense Lawyer

Get the help you need. Call Tulsa Criminal Defense Law Firm today at (918) 256-3400 for a no-hassle, confidential consultation. If you prefer for us to reach out to you, click here to ask your questions via the free online consultation request form.