Assault and battery can fall under several categories that can either weaken or strengthen your defense, appearing in court unrepresented makes it easier for prosecutors to up the severity of your situation. An M.K. Bailey assault and battery attorney will sort through the specifics of your incident to help minimize that.
Many are unaware that threatening to harm someone can earn them an assault charge. When someone creates apprehension in another with threats of impending bodily harm, and he or she is apparently capable of completing it, that is considered simple assault.
Aggravated Assault and Battery
Aggravation in terms of assault and battery occurs when great bodily injury is inflicted upon the person assaulted. Oklahoma law defines it as injury resulting in broken bones, disfigurement, protracted loss or impairment of a body part’s function, organ, or mental capacity.
Aggravated assault and battery also include situations where a healthy person assaults someone who is elderly, weak, or incapacitated, whether injuries are involved or not. Any aggravated classification will be charged as a felony in Oklahoma.
When a “Dangerous” or “Deadly” Weapon is Used
Intentional and wrongful use of a dangerous weapon to harm someone carries up to 10 years of prison time for a first offense, while the punishment with the same intent using a deadly weapon is more severe. The difference in getting one charge over the other has everything to do with the type of weapon that was used.
What constitutes a dangerous weapon is loosely defined and open to interpretation of the circumstance. Obvious weapons like guns, knives, and bats are clearly both dangerous and deadly. On the other hand, when an ordinarily safe item is used to inflict harm, like poking someone in the eye with a pencil for example, the pencil becomes a dangerous weapon.
Although a deadly weapon is not defined by the Oklahoma judicial system, any item that results in death can be classified as a deadly weapon. Assault and battery with a deadly weapon is considered 85% crime; therefore, anyone convicted must serve 85% of their sentence before becoming eligible for parole. Contact an M.K. Bailey assault lawyer if you have been charged with assault and battery on any level.