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Defining Deadly or Dangerous Weapon Assault and Battery Case

There are varying degrees of assault and battery charges in Oklahoma that depend on the circumstances and facts surrounding the case. One factor that may elevate the charge is the use of a weapon.

Oklahoma statute §21-645 discusses assault and battery with a dangerous weapon, and §21-652 makes reference to a deadly weapon. So what exactly is the difference?

What Constitutes a Weapon?

Oklahoma defines a weapon as any implement other than your own body that is used in the commission of an assault and battery. Under this definition, almost anything could be considered a weapon, as long as it is used in a manner that is intended to cause injury or bodily harm.

The difference between a “deadly” and a “dangerous” weapon, then, lies in the intention of the person wielding it. For example, a knife may only be considered dangerous if it was used with the intent of merely causing injury, while a frying pan could be called “deadly” if it was used in an attempt to beat someone to death.

Potential Penalties

The use of a deadly or dangerous weapon in the commission of an assault and battery is considered a felony offense. Using a dangerous weapon can result in up to 10 years in prison, while a deadly weapon can lead to up to life imprisonment.

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