Is a lawyer necessary when you’re charged with using a dangerous weapon in Claremore? In a word: Absolutely.
Aggravated assault and battery with a dangerous weapon is a serious crime in Oklahoma. To face charges for this crime without the benefit of an experienced criminal defense attorney is tantamount to signing your own jail sentence. Here is what you might want to know if you are facing charges.
Aggravated Assault and Battery With a Dangerous Weapon
In Oklahoma, aggravated assault and battery is defined as an assault upon another in which great bodily injury is inflicted on the victim or an assault by a perpetrator who is strong or in robust health against a victim who is elderly, or otherwise incapacitated. Okla. Stat. tit. 21 § 646
This is a far different crime from a simple assault and battery. Simple assault and battery are really two separate crimes that are charged together once the battery is completed. Simple assault is defined as an intentional attempt or threat of force or violence against another person. Okla. Stat. tit. 21 § 641
A simple battery is defined as the intentional and unlawful use of force or violence against another. Okla. Stat. tit. 21 § 642
In essence, assault is the threat and battery is the contact. A simple illustration can help. If a person raises a hand to slap another, that is an assault. The slap is the battery.
Many slaps or punches can turn a simple assault and battery into an aggravated assault and battery if the victim sustains great bodily injury or if the victim is frail and the perpetrator strong.
If you add a baseball bat, gun, knife, or another like weapon to this mix, you have aggravated assault and battery with a dangerous weapon.
Assault and battery with a dangerous weapon focuses on the type of weapon used in the commission of the crime. Assault and battery with a dangerous weapon requires that the assailant use either a sharp or dangerous weapon or a firearm. Okla. Stat. tit. 21 § 645
This, too, is a much more serious type of assault and carries substantial penalties.
Penalties
Assault with a dangerous weapon is a felony offense in Claremore and can land you in jail for up to 10 years on a first offense. If the assault occurs with a deadly weapon, you could face up to life in prison. If you are convicted of assault with a deadly weapon, you will have to serve at least 85 percent of your sentence before you will become eligible for parole.
These are very fact-bound cases and tiny details can mean the difference between a dismissal and jail time. You must hire experienced defense counsel in the Claremore area. Remember that everything you say to the police can and will be used against you in court. Never talk to police without having your attorney there to advise you.
Initial Consultation With An Experienced Claremore Criminal Defense Attorney
Battery with a dangerous weapon is a serious crime. If you or a loved one are facing charges, you must make sure that you do everything that you can to ensure your freedom.
Call the Claremore Lawyer today. We are here and ready to help you. Call us at (918) 213-0950.
If you prefer written correspondence, submit your question using the form at the top right of this page.
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