Assault with a dangerous weapon in Oklahoma is a serious offense. In Muskogee, the usual charge is assault and battery with a dangerous weapon.
Under Oklahoma law, assault is one crime. Battery is another crime.
However, the two are often charged together. If you are being investigated or charged, it is important that you know the differences between them and how they work in concert.
Assault vs. Battery in Muskogee
Assault is any willful and unlawful attempt or threat to harm another. Okla. Stat. tit. 21 § 641
The threat of violence or the attempted violence is sufficient to charge a person with assault. So while angry words may not be sufficient, angry words coupled with a clenched and raised fist might be.
Battery is the use of the willful and unlawful force or violence upon another person. Okla. Stat. tit. 21 § 642 Battery requires contact.
In the above scenario, once the fist comes into contact with another person, a battery is committed. Since the assault often precedes the battery, they are often committed together and charged together.
Simple assault and battery cases are charged as misdemeanors in Oklahoma. Things escalate quickly when the assault and battery includes a dangerous weapon.
Assault with a Dangerous Weapon in Oklahoma
Assault with a dangerous weapon in Oklahoma is a felony offense, punishable by up to 10 years imprisonment.
Under the statutes, a dangerous weapon is defined as anything sharp or any firearm, air gun, taser, or taser-like weapon. Okla. Stat. tit. 21 § 645
Conceivably, any weapon that could cause severe bodily harm could be deemed a dangerous weapon.
Low-cost Consultation: Muskogee Criminal Defense Lawyer
If you are being investigated or have been charged with assault with a dangerous weapon in Oklahoma, contact an experienced Muskogee criminal defense lawyer as soon as possible to protect your legal rights.
Call Wirth Law Office – Muskogee today at 918-913-0725 or toll free at 1-888-447-7262 [Wirth Law].
