Keeping cool when threatened or angry can often mean the difference between keeping your freedom and spending months in jail. This is especially true if you’ve been charged with aggravated assault and battery in Oklahoma City.
What is Assault and Battery?
Assault and battery are two separate crimes under Oklahoma state law.
Generally, it is illegal to physically harm another person. However, assault only requires that you attempt to harm another person, even if they were not actually harmed. Okla. Stat. tit. 21 § 641
Battery, on the other hand, is defined as as any willful and unlawful use of force or violence upon the person of another. It therefore requires that you actually harm the other person. Okla. Stat. tit. 21 § 642
Defining Aggravated Assault and Battery in Oklahoma
Aggravated assault and battery in Oklahoma occurs when:
- either great bodily injury is inflicted on another person; or
- is committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated.
Great bodily injury is defined as:
- bone fracture;
- protracted and obvious disfigurement;
- protracted loss or impairment of the function of a body part, organ, or mental faculty; or
- substantial risk of death.
Okla. Stat. tit. 21 § 646
Penalties
Aggravated assault and battery may be charged a felony offense, requiring up to five years in state prison.
It could also be charged as a misdemeanor crime. If someone is convicted of misdemeanor aggravated assault and battery in Oklahoma, he could spend up to one year in county jail.
Low-cost Consultation: Oklahoma City Assault and Battery Attorney
Committing aggravated assault and battery can lead to very serious penalties and should not be taken lightly.
If you’ve been accused of a crime, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW).
If you prefer, send your question directly to an Oklahoma criminal defense attorney by using the contact form at the top right side of this page.
All inquiries are confidential. Also, your first consultation is low-cost.