weapon. Every person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon the person of another with any sharp or dangerous weapon, or who, without such cause, 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, upon conviction is guilty of a Class B4 felony offense punishable by imprisonment in the State Penitentiary not exceeding ten (10) years, or by imprisonment in a county jail not exceeding one (1) year. R.L. 1910, § 2344. Amended by Laws 1957, p. 161, § 1; Laws 1961, p. 229, § 1; Laws 1982, c. 173, § 1, emerg. eff. April 16, 1982; Laws 1997, c. 133, § 218, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 125, eff. July 1, 1999; Laws 2006, c. 62, § 1, emerg. eff. April 17, 2006; Laws 2025, c. 486, § 100, eff. Jan. 1, 2026. NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 218 from July 1, 1998, to July 1, 1999.
Notes of Decisions
Cited in
161
cases (
21 in the last 5 years), 1954–2026 · leading case:
Tafolla v. State, 2019 OK CR 15 (Okla. Crim. App. 2019).
Tafolla v. State, 2019 OK CR 15 (Okla. Crim. App. 2019).
· cites it 4× “LaFortune, District Judge, presided over Tafolla's jury trial and sentenced him, in accordance with the jury's verdict, to life imprisonment on Count 1 and thirty days in the county jail on Count 2.”
United States v. Taylor, 843 F.3d 1215 (10th Cir. 2016).
· cites it 3× “At the time of Taylor’s conviction, that statute provided as follows: Every person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon the person of another with any sharp or dangerous weapon,…”
Brink v. State, 2021 OK CR 1 (Okla. Crim. App. 2021).
· cites it 6× “The jury recommended sentences of five years imprisonment each on Counts 1--3; ten years imprisonment on Count 4; and six years imprisonment on Count 5.”
Tafolla v. State, 446 P.3d 1248 (Okla. Crim. App. 2019).
· cites it 2× “CF-2016-2204, for Assault and Battery with a Dangerous Weapon, After Former Conviction of Two or More Felonies (Count 1), in violation of 21 O.S.2011, § 645, and Carrying a Weapon Unlawfully, a misdemeanor (Count 2), in violation of 21 O.”
Runnels v. State, 2018 OK CR 27 (Okla. Crim. App. 2018).
· cites it 2× “00 fine in Count 1 and imprisonment for ten (10) years and a $5,000.”
United States v. Mitchell, 653 F. App'x 639 (10th Cir. 2016).
· cites it 2× “Okla. Stat. tit. 21, § 645 (1998) (amended 1998).”
Frederick v. State, 2017 OK CR 12 (Okla. Crim. App. 2017).
· cites it 3× “In Count I, the jury found the presence of three aggravating circumstances: 1) the defendant was previously convicted of a felony involving the use or threat of violence to the person; 2) the murder was especially heinous, atrocious and cruel; and 3) the existence of a…”
Newman v. State, 2020 OK CR 14 (Okla. Crim. App. 2020).
· cites it 2× “2016, § 6-303(B); and Assault with a Dangerous Weapon (Count 6) in violation of 21 O.S.2011, § 645. Newman was convicted on Counts 1-5 and acquitted on Count 6.”
Walker v. State, 887 P.2d 301 (Okla. Crim. App. 1994).
· cites it 2× “7 (Counts I and II), one count of Assault and Battery with a Dangerous Weapon in violation of 21 O.S.Supp.1982, § 645 (III) and two counts of Assault with a Dangerous Weapon in violation of 21 O.”
United States v. Kendall, 876 F.3d 1264 (10th Cir. 2017).
“” Okla. Stat. tit. 21, § 645 . (1991). We held “the additional element of a deadly or dangerous weapon makes an apprehension-causing assault a crime of violence, even if the simple assault would not be.”
Davis v. State, 2018 OK CR 7 (Okla. Crim. App. 2018).
“21 O.S.2011, § 645 ; Eizember v. State , 2007 OK CR 29 , ¶ 118, 164 P.”
United States v. Schubert, 694 F. App'x 641 (10th Cir. 2017).
· cites it 3× “These three convictions arise under just two Oklahoma statutes, Okla. Stat. tit. 21 § 645 and § 1289.16. We conclude the first two offenses, both arising under § 645, qualify as violent felonies.”
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