Aggravated Assault and Battery in Oklahoma: A Serious Crime
In Oklahoma, aggravated assault and battery is a serious crime. But in order to understand what aggravated assault and battery is, you first need to understand what simple assault and battery is.
Assault and battery is a term that we hear lumped together all the time. Although these are really two separate crimes, they occur together so often that we have come to think about them as one crime.
In Oklahoma, a simple assault can be defined as an intentional attempt or threat of force or violence against another person. Okla. Stat. tit. 21 § 641
In contrast, a simple battery is defined as the intentional and unlawful use of force or violence against another. Okla. Stat. tit. 21 § 642
So assault is the threat, and battery is the contact. If someone were to wave brass knuckles in your face in a threatening manner in a dark alley, you have just been assaulted. Once you’re hit with the brass knuckles, someone has committed a battery on you.
A simple assault and battery becomes aggravated when either great bodily injury is inflicted on the victim or an assault and battery are committed by a perpetrator who is strong or in robust health against a victim who is elderly or otherwise incapacitated. Okla. Stat. tit. 21 § 646
Great bodily injury is defined as a bone fracture, a protracted and obvious disfigurement, a protracted loss or impairment of a part of the body, an organ, or of your mental faculties.
If someone hit you with their brass knuckles around your face and head enough times to fracture your cheek — or to cause you to lose the function in one eye, or to cause brain damage — that would be sufficient for a conviction for aggravated assault and battery. Likewise, if the attacker is young and strong and hit you even once and you are either elderly or incapacitated in some way, that too would be enough for a conviction of aggravated assault in Oklahoma.
Mere bruising is not a great bodily injury.
The prosecution does not need to prove that the attacker had the specific intent to cause the damage that occurred. Rather, only the elements of the substantive offense need to be proven — that is, an assault and battery that causes great physical harm, or that is inflicted upon an aged or decrepit person by one who is strong and robust.
Punishment For Aggravated Assault and Battery in Oklahoma
Aggravated assault and battery is a felony in Oklahoma. It is punishable by up to five years in prison or up to one year in county jail, in addition to a possible fine of up to $500. Okla. Stat. tit. 21 § 647
In addition, if the aggravated assault and battery occurs against a person who is protecting another person from an assault and battery, the conviction will be subject to the 85% rule. This rule mandates that the felon serve 85% of the sentenced time before becoming eligible for parole or release. Okla. Stat. tit. 21 § 13.1
An experienced Claremore criminal defense attorney can help you build a strong defense to any charges you are facing. Aggravated assault charges may not stick if the injuries are more like those suffered in a simple assault and battery. Your attorney will be able to help you understand all the complex nuances of your case.
Free Consultation With An Experienced Claremore Criminal Defense Attorney
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