Assault with a dangerous weapon is a felony in Oklahoma punishable by up to 10 years in prison. Under 21 O.S. § 645, it covers assaulting or attempting to injure someone with a dangerous weapon, without justifiable or excusable cause, and with intent to do bodily harm. No one has to be injured, and the "weapon" does not have to be a gun.
Key Takeaways
- Assault with a dangerous weapon carries up to 10 years in prison.
- Injury is not required; the intent to do bodily harm is the key.
- Knives, bats, vehicles, and other objects can be dangerous weapons.
- Self-defense is a complete defense when the force was justified.
What the State Must Prove
Prosecutors generally must show that you committed an assault or assault and battery on another person, that you used a dangerous weapon, that you lacked justifiable or excusable cause, and that you intended to cause bodily harm. Intent is usually argued from words and actions, so what led up to the incident matters.
What Counts as a Dangerous Weapon?
Firearms and knives are obvious examples, but many ordinary objects can qualify depending on how they are used: a vehicle, a bottle, a tool, or a heavy object. Whether something was used as a dangerous weapon is often a point of dispute.
Related Charges
- Pointing a firearm, which may be charged instead of or along with assault. See pointing a firearm in Oklahoma.
- Assault and battery with a deadly weapon, a more serious charge with a much higher penalty range.
- Using a firearm while committing a felony, which adds separate prison time.
Defenses
- Self-defense or defense of others, including under Oklahoma's Stand Your Ground law. See Stand Your Ground in Oklahoma.
- No intent to harm: an accident or misunderstanding.
- Not a dangerous weapon: the object was not used in a dangerous way.
- Credibility: conflicting accounts, intoxicated witnesses, or a motive to lie.
- Reduction: to simple assault or another misdemeanor.
See our Oklahoma City gun charges lawyer page for other weapons offenses.
Frequently Asked Questions
What is the penalty for assault with a dangerous weapon in Oklahoma?
It is a felony punishable by up to 10 years in prison under 21 O.S. § 645.
Does someone have to be hurt for assault with a dangerous weapon?
No. The offense focuses on the assault and the intent to do bodily harm, not on whether an injury occurred.
Can a car be a dangerous weapon in Oklahoma?
Yes. A vehicle or other ordinary object can be considered a dangerous weapon depending on how it was used.
Can assault with a dangerous weapon be reduced?
Yes. Depending on the evidence, it may be reduced to a misdemeanor assault or resolved another way.
Talk to an Oklahoma City Gun Charges Lawyer
Weapons charges can bring prison time and the permanent loss of your gun rights. Call (405) 605-8380 or request a free consultation to have your case reviewed.
This article is general information about Oklahoma law, not legal advice. Laws change, and every case depends on its facts. Contact an attorney about your specific situation.
