Assault with a Deadly Weapon
Under Oklahoma law, assault is defined as the intentional attempt to cause harm or injury to another person. Though they often occur together, assault and battery are actually two separate acts that can be charged separately.
When assault and/or battery involves the use of a weapon, the state will classify the weapon as either dangerous or deadly. But what exactly is considered a weapon, and what is the difference between a dangerous weapon and a deadly one?
Understanding “Weapon” Under the Law
Under Title 21 of the Oklahoma statutes, using any implement other than your own body to perpetrate an assault or battery can be considered using a weapon.
This means that just about anything—from a rock or steel-toed boot to a gun or knife—can be used as a weapon as defined by our state’s laws.
Dangerous Weapon vs. Deadly Weapon
When it comes to determining whether a weapon is “dangerous” or “deadly,” the prosecution will look at the intent behind its use.
For example, if a person shoots a firearm at another person with only the intent to injure or frighten, he or she may be charged with assault and battery with a dangerous weapon.
If, on the other hand, you beat another person with a rock in an attempt to kill him or her, you will probably face charges of assault and battery with a deadly weapon.
Assault and battery with either a dangerous or a deadly weapon is considered a felony in Oklahoma. Associated penalties for conviction include:
- Dangerous weapon—up to 10 years in a state penitentiary
- Deadly weapon—up to life in prison