Any person who is guilty of an assault with intent to kill any person, the punishment for which is not prescribed by Section 652 of this title, shall be guilty of a Class B5 felony offense punishable by imprisonment in the State Penitentiary for a term not exceeding
five (5) years, or in a county jail not exceeding one (1) year, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment. R.L. 1910, § 2337. Amended by Laws 1997, c. 133, § 230, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 134, eff. July 1, 1999; Laws 2025, c. 486, § 154, eff. Jan. 1, 2026. NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 230 from July 1, 1998, to July 1, 1999.
Notes of Decisions
Cited in
2
cases, 1960–2004 · leading case:
Messick v. State, 2004 OK CR 3, 84 P.3d 757.
Messick v. State, 2004 OK CR 3, 84 P.3d 757.
· cites it 3× “At the time, this section provided as follows: "Every person who intentionally and wrongfully shoots, shoots at, or attempts to shoot at another, with any kind of firearm, airgun or other means whatever, with intent to kill any person, or who commits any assault and battery upon…”
Davis v. State, 354 P.2d 466 (Okla. Crim. App. 1960).
“” 21 O.S.1951 § 653. No doubt these sections may appear to be repetitious and confusing in the preparation of charges involving a degree of assault and battery.”
Okla. Stat. tit. 21, § 653(C): 1 case
Messick v. State, 2004 OK CR 3, 84 P.3d 757.
“At the time, this section provided as follows: "Every person who intentionally and wrongfully shoots, shoots at, or attempts to shoot at another, with any kind of firearm, airgun or other means whatever, with intent to kill any person, or who commits any assault and battery upon…”
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