Oklahoma City’s Definition of Assault and Battery
Assault and battery in Oklahoma includes a range of sub-offenses, some of which can carry quite serious penalties. Depending on the exact type of A&B you are charged with, you could be convicted of either a misdemeanor or a felony.
But first we have to define what assault and battery are.
Oklahoma defines assault as any intentional and unlawful attempt or threat to cause bodily harm to another person through the use of force or violence. Okla. Stat. tit.21 § 641
Battery in Oklahoma, meanwhile, is any intentional and unlawful use of force or violence against the person of another. Okla. Stat. tit.21 § 642
In other words, assault is the attempt or threat and battery is successfully following through on that attempt or threat. This means if you commit battery you’ve likely committed assault as well – thus, the charge of assault and battery.
This is what’s known as simple assault and battery.
Municipal Assault and Battery Charges in Oklahoma City
Many Oklahoma towns and cities have local ordinances against assault and battery. Oklahoma City treats simple assault and battery as a Class B offense. The maximum punishment is up to six months in jail, a fine of up to $750, or both.
Note: while it would exceed the scope of this article to list all the municipal A&W ordinances in Oklahoma, OKC’s range of penalities is fairly typical.
Other Assault and Battery Crimes in Oklahoma City
There are other assault and battery offenses in Oklahoma, and some carry significantly higher penalties than simple assault or battery:
Aggravated Assault and Battery
Aggravated assault and battery is an upgraded version of simple assault and battery. For example, cocking back your fist as if getting ready to punch someone would result in an assault charge; if you were wearing brass knuckles while doing so, the charge would be upgraded to aggravated assault.
If the offense leads to “great bodily injury,” aggravated assault and battery can also be charged.
This can include things like:
- Fractured bones
- Prolonged and visible disfigurement
- Long-term loss of function of a body part or organ
- Significant risk of death
Note that aggravated assault and battery in Oklahoma City (or anywhere else in Oklahoma) can also be charged if the victim was elderly, disabled, or incapacitated. Okla. Stat. tit.21, §646
Unlike simple assault and battery, aggravated A&W in OKC is a felony offense. It carries a potential one-year jail sentence or a prison term of up to five (5) years. Fines of up to $1,000 are also possible, and these can be added to any jail or prison time. Okla. Stat. tit. 21 § 64
There is also the possibility of civil penalties, as victims may seek restitution for any injuries sustained or property damage caused by the attack. And as if all that is not serious enough, because aggravated A&W is a felony, you will lose your right to keep and bear arms, your right to vote, and may even lose your ability to travel outside of the country.
Aggravated assault and battery is a serious crime in Oklahoma City. If you are charged with it, you should contact an OKC aggravated battery lawyer immediately.
Felony Assault
Also known as felonious assault, this is charged if the assault was committed during the course of some other felony. It’s often brought in rape cases.
As the name suggests, felony assault is a crime. The penalty is up to one (1) year in jail, five (5) years in prison, a $500 fine, or both fines and incarceration. Okla. Stat. tit. 21 § 42
Sexual Assault
Sexual assault is defined in Oklahoma as sexual contact or behavior that occurs without the explicit consent of the recipient. It is a broad category that encompasses a wide variety of acts, ranging from sexual intercourse to fondling to child molestation. Okla. Stat. tit. 21 § 112
As with any part of Oklahoma, OKC takes sexual assault seriously. If you are facing this charge you need an experienced Oklahoma City sexual assault attorney.
Assault and Battery With a Dangerous Weapon
Assault and battery with a dangerous weapon is defined under Oklahoma law as an unlawful act in which a person intentionally causes, or attempts to cause, bodily harm to another person using a deadly or dangerous weapon. A dangerous weapon is any instrument that is capable of causing death or serious harm to someone, such as a firearm or a knife. Something that wasn’t designed to be a weapon, like a baseball bat or a fireplace poker, can also fall in this category.
The use of a dangerous weapon in a violent attack increases the likelihood of serious injury. As a result, assault and battery with a dangerous weapon is considered a felony under Oklahoma law. The punishment can be up to a (1) year in county jail or up to ten (10) years in the state penitentiary. Okla. Stat. tit. 21 § 645
Assault and Battery With a Deadly Weapon
In Oklahoma, the term “deadly weapon” refers to the purpose for which a weapon is used. For instance, firing a gun into the air, in order to frighten someone, may only lead to a charge of assault and battery with a dangerous weapon.
On the other hand, aiming the weapon directly at someone and firing in an attempt to kill them can lead to charges of assault and battery with a deadly weapon.
Aggravated assault and battery with a deadly weapon is a serious felony and is punishable by up to life in prison. Okla. Stat. tit. 21 § 652
Assault and Battery on a Police Officer
If you commit assault and battery on a police officer in OKC who is carrying out their lawful duties this is a felony. Okla. Stat. tit. 21 § 649 (B)
This offense carries a maximum sentence of one (1) year in jail or five (5) years in prison. As an alternative to or in addition to incarceration, a fine of up to $500 may be imposed. A knowledgeable criminal defense attorney in OKC is necessary to help you fight charges of assault and battery on a police officer because it is a serious offense.
Domestic Assault and Battery
The use or threat of physical force against a person with whom you have a domestic relationship—typically a long-term girlfriend or boyfriend or spouse—is known as domestic assault and battery. It’s also referred to as domestic violence or domestic abuse.
Domestic assault and battery is taken quite seriously in Oklahoma City. On the first offense its a misdemeanor, punishable by up to one (1) year in county jail, up to $5,000 in fines, or both. Okla. Stat. tit. 21 § 644. In addition, anyone convicted of domestic abuse is permanently prohibited from possessing firearms. 18 U.S.C. § 922(g)(9)
On second and subsequent offenses, domestic assault and battery is upgraded to a felony (known as felony domestic abuse), with a possible punishment of up to four (4) years in prison.
If you are accused of this offense, contact a domestic abuse attorney in OKC today.
Domestic Assault and Battery in the Presence of a Minor
As for the previous offense, the first instance of domestic assault and battery when committed in front of a minor is treated as a misdemeanor. The punishment can range from six to 12 months in county jail, as well as a possible fine of up to $5,000.
Second or subsequent offenses are charged as felonies. Possible penalities upon conviction range from one to five years. A fine of up to $7,000 is also possible.
Domestic Assault and Battery by Strangulation
In Oklahoma, domestic abuse involving an attempt or actual strangulation with the intent to seriously injure another person is a felony. The punishment for this offense ranges between one (1) to three (3) years in prison. The fine is up to $3,000.
Strangulation or attempted strangulation in the course of domestic abuse is punishable by three (3) to ten (10) years in prison, a maximum fine of $20,000, or both. Contact a criminal defense lawyer in Oklahoma City as soon as possible if you are charged with doing this.
Initial Consultation: Oklahoma City Assault and Battery Lawyer
Many assault and battery charges in Oklahoma City and elsewhere in Oklahoma result in significant prison sentences. It’s critical that you retain an experienced OKC criminal defense lawyer who is acquainted with the local court system if you are charged.
For a initial consultation with an Oklahoma City felony defense attorney if you find yourself in this situation, contact the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW) right away. The contact form is located in the top-right corner of the page.
Regardless of the method you select, a felony defense lawyer in OKC will get in touch with you as soon as possible.