Assault and battery is a serious offense in Oklahoma – but there are varying levels of severity, depending on the exact offense contained under this broad term. Simple assault and battery carries much less severe penalties than aggravated assault and battery. In this post we will briefly lay out what you need to know about these two offenses.
Defining Assault and Battery
We must first define the terms battery and assault.
Oklahoma legally defines assault as any deliberate and unlawful attempt to physically harm another person. Okla. Stat. tit.21 § 642
It defines battery as is willful and unlawful use of force or violence against the person of another. Okla. Stat. tit.21 § 642
In other words, battery is the actual attack, whereas assault is the attempt to commit battery. Assault is almost always charged along with battery in Oklahoma, which is why the two offenses are so frequently combined.
What is Simple Assault and Battery in Oklahoma?
Simple assault is defined by the State of Oklahoma as an intentional threat by word or act to commit an act of violence upon another person which invokes a well-founded fear in the victim that violence is imminent. It is classified as a misdemeanor, with a potential penalty of up to 30 days in jail, a fine of up to $500, or both.
The penalty for a simple assault and battery is up to 90 days in jail, a fine of up to $1,000, or both. Okla. Stat. tit. 21 § 644
What is Aggravated Assault and Battery in Oklahoma?
Aggravated assault and battery is far more serious. In contrast to simple assault and battery, aggravated A&W is a serious felony.
Oklahoma defines aggravated assault and battery as that which is intended to cause great bodily injury.
This can include things like:
- Fractured bones
- Obvious disfigurement
- Protracted loss of the function of a body part or organ
- Substantial risk of death
Because great bodily injury is more likely when battery is committed on someone handicapped or elderly, any act of assault and battery on such persons will automatically be charged as aggravated assault and battery.
Aggravated assault and battery carries a potential jail sentence of up to one (1) year, a prison term of up to five (5) years, fines of up to $1,000, or some combination thereof. Okla. Stat. tit. 21 § 64
Low-cost Consultation with a Felony Defense Lawyer
There is nothing more precious than your freedom. A charge of assault and battery, particularly if its aggravated, will seriously jeopardize that freedom. If you find yourself in this situation, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW) today for a initial consultation with an Oklahoma City felony defense lawyer in Oklahoma City. You can also fill out the contact form on the top-right section of the page. Whichever method you choose, an OKC felony defense attorney will reach out to you promptly.