Aggravated assault and battery is a specific charge under Oklahoma’s criminal statutes. To rise to the level of aggravated, the crime must be committed under one of two circumstances:
- Great bodily injury is inflicted upon the victim; or
- When committed by a person of robust health or strength upon a victim who is aged, decrepit or incapacitated.
“Great bodily injury” is defined by Okla. Stat. tit. 21 §646 as “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.”
If you have been charged with aggravated assault and battery with a dangerous weapon, you may be facing a serious prison sentence. There are defenses available to you; however, you should contact an experienced Wagoner criminal defense attorney as soon as possible. Do not trust your freedom to an inexperienced attorney or an attorney who does not understand Oklahoma’s criminal laws related to assault and battery with a dangerous weapon.
Elements of Aggravated Assault and Battery with a Dangerous Weapon
In order to prove that a defendant is guilty of this crime, the State must prove beyond a reasonable doubt all five elements of the crime. Those elements are:
- There was an assault, battery or assault and battery committed,
- Upon another person,
- By shooting, using a sharp weapon or some other dangerous weapon,
- Without a justifiable or excusable cause,
- With the intent to injury the other person.
If the State fails to prove all five elements beyond a reasonable doubt, the defendant cannot be found guilty of the charge. Your Wagoner criminal defense lawyer only needs to create reasonable doubt in one of the elements to defeat the charge.
Contacting a Wagoner felony attorney as soon as possible is important to your defense. Your attorney needs to begin building your defense immediately.
Punishment for Aggravated Assault and Battery with a Dangerous Weapon
The circumstances and facts of the case will determine the severity of the punishment. There are several subsections for assault and battery with a dangerous weapon; however, all crimes carry severe penalties.
Assault and battery with a dangerous weapon is a felony and is punishable by imprisonment in the State Penitentiary of up to 10 years or in a county jail for up to one year. In order to protect your freedom and ensure that you receive a fair trial, contact our experienced Wagoner felony defense attorneys as soon as possible. We will take important steps to protect your rights. Our attorneys have the skill and experience you need to defend a criminal charge in Wagoner.
Initial Strategy Session: Wagoner Criminal Defense Attorney
For a low-cost consultation with a Wagoner aggravated assault and battery attorney, call Wirth Law Office – Wagoner at (918) 485-0335 (or toll free at (888) Wirth-Law). Or, as always, you may enter a legal question in the form at the top right of this page.
You are under no obligation after your initial consultation; therefore, we urge you to contact us to assist you with this criminal charge.
