What is Aggravated Assault and Battery with a Dangerous Weapon in Muskogee, Oklahoma?

Although the crimes of assault and battery usually lead to lighter punishments, aggravated assault and battery with a dangerous weapon in Muskogee, Oklahoma can escalate the crime and land you in serious trouble.

If you’ve been charged with aggravated assault and battery, you may find yourself facing years behind bars and thousands of dollars in fines.

Therefore, an experienced Oklahoma assault and battery attorney will be necessary to help keeping your freedom.

When Assault and Battery Becomes “Aggravated”

Assault and battery usually involve the use or attempted use of physical force on another person.

However, the crime will be classified as “aggravated” when great bodily injury is inflicted upon the person assaulted.

Within the meaning of the law, “great bodily injury” means bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ, or mental faculty, or substantial risk of death.

Assault and battery can also become aggravated when committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated.

Note, however, that the use of a weapon is not necessary in order to classify an assault and battery charge as aggravated.

Aggravated assault and battery is punishable by imprisonment in state prison for up to five years.

About Aggravated Assault and Battery with a Dangerous Weapon

Even though the use of a dangerous weapon is not necessary to elevate an assault and battery charge to “aggravated,” using a dangerous weapon will raise the crime to “Assault or Battery with a Dangerous Weapon.”

This crime is a felony offense punishable by imprisonment in the State Penitentiary not exceeding 10 years, or by imprisonment in a county jail not exceeding one year.

Prosecutors usually bring this charge when a defendant has assaulted another person with a dangerous weapon. For example, beating another person with a baseball bat can lead to a charge of assault and battery with a dangerous weapon.

If the person who was assaulted sustained great bodily injury, the prosecutor can also bring a charge of aggravated assault and the defendant will face punishment for both aggravated assault and assault with a dangerous weapon.

Prosecutors can also bring this charge against a defendant who shot at another, with any kind of firearm with the intent to injure any person. The prosecutor does not have to prove that the defendant intended to kill the victim, just that he intended to injure him.

Note, though, that there is a fine line between aggravated assault and battery with a dangerous weapon and attempted murder — a much more serious crime — under these circumstances.

A defendant can defeat this charge if they can show they acted with a “justifiable or excusable cause,” like self-defense.