Legal Question in Criminal Law in Oklahoma

Re: Assault with a Deadly Weapon

He actually *can* be charged with assault and battery, but that does not necessarily mean that he should be. Prosecutors have limited resources and can't bring every case they might want to. If a case seems unlikely to result in a conviction or if the offense itself does not justify the amount of resources the case will require, the prosecution will often just let it go.

I am certainly not condoning what the husband did, but this would be a difficult case for the D.A. to win. Your sister was the agressor in the sense that she is the one who started this encounter, and she did so by forcing her way into her husband's home. People have the right to use a certain amount of force to defend themselves against intruders into their homes, and the prosecutor may have felt it would be difficult to prove that he used excessive force. Remember that the prosecution has to prove guilt beyond a reasonable doubt. Would twelve jurors unanimously find beyond a reasonable doubt that he used too much force? Maybe, but they would have some sympathy for the claim that he was defending himself and his home. Even if all twelve jurors believed he was guilty -- which is far from a given -- some of them would likely have a reasonable doubt and would therefore vote for an acquittal.

I'd like to think that if I were a prosecutor I would pursue cases like this one. The reality, though, is that I would have to make difficult choices about which cases to bring and which to let go. Every D.A.'s office needs more staff and more resources, though some are in worse shape than others. I know nothing about the D.A.'s situation in this particular community or what other crimes he has to address, so I can't pass judgment on where he should draw the line.