Assault and Battery with a Dangerous Weapon - Tulsa Trial Attorneys
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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 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 Dangerous Weapon
Every person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon the person of another with any sharp or dangerous weapon, or who, without such cause, shoots at another, with any kind of firearm, air gun, conductive energy weapon or other means whatever, with intent to injure any person, although without the intent to kill such person or to commit any felony, upon conviction is guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years, or by imprisonment in a county jail not exceeding one (1) year. 21 O.S. 645
Other Assault and Battery Charges:
Assault and Battery with a Dangerous 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 Dangerous 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.