Assault and Battery With Dangerous or Deadly Weapon
Title 21 of the Oklahoma statutes outlines the various types of assault and battery crimes that may be prosecuted in our state. However, it can become difficult to distinguish these offenses, especially if you do not have formal legal training.
For instance, section 21-645 describes assault and battery with a dangerous weapon, while section 21-652 discusses assault and battery with a deadly weapon. But what is the difference between a dangerous weapon and a deadly weapon?
In order to understand these statutes, one must first understand how the state defines a weapon. Any implement other than your own body that is used to perpetrate an assault can be considered a weapon. This could be anything from a household item such as a broom or frying pan to a gun or knife. Whether the weapon is considered “dangerous” or “deadly” hinges on the intent.
Legally speaking, the difference between dangerous and deadly weapons depends on the intent behind the act. For example, if you shoot at someone with any type of firearm with the intent to merely injure, you could be charged with assault and battery with a dangerous weapon. On the other hand, a person who uses a baseball bat in an attempt to beat someone to death could face a charge of assault and battery with a deadly weapon.
The crimes of assault and battery with a dangerous weapon and with a deadly weapon both are considered felonies in Oklahoma. The potential penalties for conviction include:
- Up to 10 years in the state penitentiary for assault and battery with a dangerous weapon
- Up to life imprisonment for assault and battery with a deadly weapon