There are criminal law terms that are frequently mentioned in casual conversion. Terms like assault and battery are often used when there has been an attack or physical altercation in the news. However, if asked the actual definition of these terms, a clear answer may not be given. This post aims to clarify these terms and define the punishment in Oklahoma law.
A basic battery is defined as any willful and unlawful use of force or violence on another person. It is defined in Oklahoma statute 21-642. Battery is often accompanied by an assault. Assault is defined as the intent to do bodily harm without justifiable or excusable cause.
There are different types of assault and battery under the statute. Oklahoma statute 21-645 defines an assault and battery with a dangerous weapon. The dangerous weapon charge is added to an assault and battery in which the perpetrator utilizes a sharp or dangerous weapon or without cause, shoots another person. The shot can be fired by a firearm, air gun or conductive energy weapon.
An intent to kill does not need to be present at the time of the shooting to bring valid felony charges. The only intent that is needed is the intent to injure another person. This felony is punishable by imprisonment in the State Penitentiary. The maximum sentence that can be given is 10 years. The minimum sentence is one year in the county jail. Any defendant who faces criminal charges like assault, battery or assault with a dangerous weapon should seek qualified legal counsel to represent their legal interests.