An Oklahoma City criminal defense lawyer is getting to see first-hand the process his clients go through after his arrest on a felony assault complaint.
Mark K. Bailey, 48, was arrested Wednesday on a complaint of assault and battery with a dangerous weapon in relation to an August 26 incident. Reports say Bailey struck a woman with his vehicle in an alleged "road rage" incident in a clinic parking lot.
His alleged victim told police she was attempting to park in a parking space at the Broadway Clinic, an Oklahoma City clinic specializing in weight loss, hormone replacement, and accident injury care. Before she could pull into the parking space, she says, Bailey pulled his vehicle in front of hers, blocking her from parking. When she raised her hands in frustration, she told police, the defense lawyer responded with a vulgar gesture.
The victim said that she backed up her vehicle to find another parking space, but as she got out of her car and walked toward the clinic, Bailey accelerated his vehicle toward her. She says that the man sped his vehicle toward her to frighten her before slowing down, repeating the process several times before actually striking her outstretched hand, which she had raised to brace against impact.
Bailey was arrested earlier this week and briefly jailed before posting $5,000 bond.
A simple assault charge is usually a misdemeanor; however, assault and battery with a dangerous weapon is a much more serious offense.
Under Oklahoma law, assault and battery with a dangerous weapon is a felony punishable by a maximum of 10 years in prison:
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 felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years, or by imprisonment in a county jail not exceeding one (1) year. ( 21 O.S. § 645)
State law does not explicitly define "dangerous weapon," which allows virtually any object capable of inflicting injury or serious bodily harm to be considered a weapon if used in a harmful or threatening manner. This includes the use of a car to assault someone, but depending on the force used and the intent to harm, this act could also be charged as assault and battery with a deadly weapon.
State law in 21 O.S. § 652 (C) says, "Any person who commits any assault and battery upon another . . . by means of any deadly weapon, or by such other means or force as is likely to produce death . . . shall upon conviction be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life."
If you or someone you love is facing assault charges in Oklahoma, call (405) 418-8888 for a free consultation to discuss your case. Click here to view our record of success in defending assault and battery charges.
Image credit: Oklahoma County Jail
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