Understanding assault and battery with dangerous weapons.
Felony Charges
Hi, this is Wagoner lawyer Stuart Ericson, we’re talking about crimes against people or crimes against persons. Assault and battery with a dangerous weapon, that is a felony. There are certain elements of a crime, and again, elements of a crime are ones that the state of Oklahoma would have to prove to ever convict you of a crime.
So number one, an assault or a battery, so some threat and contact upon another person with a sharp or dangerous weapon without justifiable or excusable cause, so it’s not self-defense, with the intent to do bodily harm. So of course it’s not with the intent to kill, but with the intent to do bodily harm.
So that begs the question of, you know, what is a dangerous weapon? Now a dangerous weapon can be a lot of things. It could be a gun, it could be a baseball bat, it could be a baton, it could be a stick, it could be, you know, anything that has some substance that could hurt somebody’s body.
So I’ve seen prosecutors get creative and telephones can be a dangerous weapon if struck, a chair. So it kind of depends. It’s also, you know, as with everything, factually specific, so you need to speak to a criminal defense attorney if you’re ever charged with this offense to, you know, put up a defense to it.
Understanding the Definition of a Dangerous Weapon
But assault and battery with a dangerous weapon is pretty simple. If you are hurting somebody with more than your fists, you are using a weapon or anything that can be defined as a dangerous weapon under the statute.
If you have any questions about that, reach out to me, Oklahoma felony defense attorney Stuart Ericson, at WagonerLawyer.com.
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