Broken Arrow, OK asked in Criminal Law for Oklahoma

Q: What is the most common sentence for assault with a deadly weapon charge

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1 Lawyer Answer
Kristin Treager
Kristin Treager
Answered
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: According to Title 21 Chapter 21 Section 652: "C. Any person who commits any assault and battery upon another, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, 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, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, or in resisting the execution of any legal process, shall upon conviction be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life."

That is the maximum that the statute allows for punishment. However, there is no "common sentence." No two cases are alike; plea deals are offered on a case by case basis. The DA will take the facts of the case and prior convictions into consideration when offering a plea deal. If the case goes to trial, juries can be unpredictable. But again the facts of the case, nature of the crime, etc... will be taken into consideration.

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