Assault and Battery with a Deadly Weapon - Tulsa Trial Attorneys
Client Reviews From Assault and Battery with a Deadly Weapon Trials
"I would have been in prison if it wasn't for Brian and Ciera. I have never had an attorney fight for me like they did." T.W.
"They know the law, and they aren't afraid of hearings or trial. They got me a very good offer, but I turned it down and said i wanted to go to trial. They didn't argue with me like my last attorney. Ciera and Brian simply explained the risks and when i told them i was sure about going to trial, they went ahead and fought harder than any attorneys I have ever seen. The end result was a not Guilty!" D.T.
Time is of the Essence When Picking the Best Tulsa Criminal Defense Lawyer:
First and foremost, call us right away at 918-884-7791. Whenever you get arrested on such a serious charge, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. The police and the DA will be doing everything in their power to gather incriminating evidence. Just like the police, you should have a team gathering evidence and statements from Day 1.
Don’t talk and don’t give a statement.
Don’t talk to people in Jail, or to family over the phone about your case.
Every minute you go without an experienced attorney puts you at risk.
Don’t hire just any attorney. make sure they are a successful Trial Attorney.
Assault and Battery - Legal Definition
You can be convicted of Assault if you, willfully and unlawfully attempt or offer with force or violence to do a corporal hurt to another. 21 O.S. 641
You can be convicted of Battery if you, willfully and unlawfully use of force or violence upon the person of another. 21 O.S. 642
Assault and Battery - Elements
No person may be convicted of assault and battery unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) willful;
(2) unlawful;
(3) use of force or violence;
(4) upon another person. OUJI-CR 4-26
Assault and Battery - Lay Terms
The main difference between assault and battery is this: Assault can be limited to only the threat of harm, while battery is the actual cause of physical harm from one person to another. Oklahoma case law claims that if there is a battery then there must have been an assault. Hall v. State
Assault and Battery with a Deadly Weapon
Every person who intentionally and wrongfully shoots another with or discharges any kind of firearm, with intent to kill any person, including an unborn child, shall upon conviction be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life. 21 O.S. 652(A)
Every person who uses any vehicle to facilitate the intentional discharge of any kind of firearm, crossbow or other weapon in conscious disregard for the safety of any other person or persons, including an unborn child, shall upon conviction be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a minimum term of two (2) years nor exceeding life. 21. O.S. 652(B)
Other Assault and Battery Charges:
Assault and Battery with a Deadly Weapon
Aggravated Assault and Battery Upon Certain State Agency Employees
Assault and Battery upon Officers of the Court, Witnesses, or Jurors
Assault and Battery Upon Employee of Office of Juvenile Affairs
Aggravated Assault and Battery upon Department of Human Services Employee
Domestic Assault and Battery Charges:
Assault and Battery with a Deadly Weapon Litigation Expertise
You need an attorney who not only knows the law, but also knows how to cross-examine alleged victims and witnesses that have a motive to lie. Let Boeheim Freeman Law’s expertise in cross examination and forensics make the difference in your case.