In addition to traditional assault, Oklahoma law sets forth additional categories of these crimes, including what is known as aggravated assault and battery with a dangerous weapon, a more serious offense.
The crime is defined by statute as, “Every person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon the person of another with any sharp or dangerous weapon, or who, without such cause, shoots at another, with any kind of firearm, air gun, conductive energy weapon or other means whatever, with intent to injure any person, although without the intent to kill such person or to commit any felony, upon conviction is guilty. . .” It is important to note that if the prosecutor proves you intended to kill a person, even if you did not succeed, you may be guilty of a different, but more serious crime. Further, based on the initial assault and battery definitions, threatening force with a dangerous weapon still fits within the offense.
Aggravated Assault and Battery is a Serious Felony
If convicted of aggravated assault and battery with a dangerous weapon, it is a felony. While there is no fine listed, you can receive a state prison term of up to ten years. With this serious consequence, it is important to put forth the best possible defense if you are charged.
A Tulsa Criminal Defense Attorney Can Tell You More
You should discuss the circumstances of your case with a Tulsa criminal defense attorney. For a initial and confidential consultation, call the Seventh Street Tulsa Law Office by calling (918) 932-2777.