Last week, we were able to get a change of assault and battery with a deadly weapon charge dismissed. The week before that we were able to get a jury acquittal on a charge of assault and battery with a dangerous weapon. So, what is the difference between the two?
Assault and Battery with a Dangerous weapon charges refer to situations when an individual commits an assault or battery on another person with a "sharp or dangerous weapon[.]" A&B with a Dangerous charges also apply to anyone who "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."
This is a tricky concept sometimes, because the statute includes situation where a gun is used, but the general public (and many lawyers) think that assault and battery with a dangerous weapon charges only apply to altercations with a knife or blunt object. Still, the plain words of the law allow the charge to apply to assault and battery when a gun is used.
Alternately, Assault and Battery with a Dangerous weapon charges refer to situations where a person commits an assault or battery on another "by means of any deadly weapon, or by such other means or force as is likely to produce death, or in any manner attempts to kill another." The assault and battery with a deadly weapon statute is more direct with the weapons it references, to a degree: "[e]very person who intentionally and wrongfully shoots another with or discharges any kind of firearm, with intent to kill any person" is guilty of assault and battery with a deadly weapon and can serve up to life in prison in Oklahoma. Still, the law itself doesn't limit the crime to guns, because it also provides for situations where the weapon used is more generically described as a "means of force...likely to produce death."
Consequently, the main difference between assault and battery with a dangerous weapon and assault and battery with a deadly weapon is the mindset that the accused had at the time the assault and battery occurred. If the prosecution believes the accused intended to kill the alleged victim, then thee prosecution will likely file charges for assault and battery with a dangerous weapon. If the prosecution believes that the accused did not intend to kill the alleged victim during the assault or battery, the the charges will most likely be assault and battery with a dangerous weapon
Regardless of the charge, the Law Offices of Adam R. Banner can help. We have the knowledge to understand the law and the experience to apply it.