Oops! Something went wrong while submitting the form
Contrary to popular belief, there is no single crime of “assault and battery” pursuant to the Oklahoma Statutes. Both the offenses of assault and battery are separately codified in the Oklahoma Statutes as follows:
An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.
A battery is any willful and unlawful use of force or violence upon the person of another.
Consequently, the deciding factor as to whether a defendant will be charged with either assault or battery is whether any indirect or direct physical contact occurred. Often times, prosecutors will charge a defendant with both assault and battery when the facts do not amount to such.
The Oklahoma Legislature has allowed for the use of what is known as lawful force in the following circumstances:
An Oklahoma criminal defense attorney can make sure a defendant is only charged for what actually occurred.
Moreover, an assault and battery becomes aggravated when committed under any of the following circumstances:
When dealing with aggravated assault and battery charges, the phrase "great bodily injury" means any of the following: 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.
If death occurs, please review Oklahoma homicide laws.
A Defendant convicted of assault and battery can be subject to a wide variety of punishments depending on the specific facts of the case. Assault and battery related convictions can carry from as little as 90 days in jail and a fine to sentences requiring years of incarceration.
Under Oklahoma law, domestic violence can be viewed as a battery which occurs between current or former spouses and other family members. However, the “domestic” label can also be applied to situations involving persons who are, or who have been, in a dating relationship and also those individuals who are currently living together (even roommates) and those who have lived together in the past.
Domestic abuse charges in Oklahoma are much more serious than simple assault or battery charges. Domestic crime carries with it a staunch stigma and very serious consequences. A conviction for domestic assault and battery can lead to mandatory 52-week classes which offenders are statutorily required to attend. There can also be gun-ownership restrictions for individuals who plead to domestic violence charges.
If you or a loved one has been charged with assault and battery in Oklahoma, time is of the essence. You need an Oklahoma assault and battery attorney, and you need one right now. Call the Law Offices of Adam R. Banner, P.C., and retain an accomplished attorney ready to fight for your rights. Call us today at (405) 778-4800 for a free consultation.