Assault: A Ubiquitous Crime
In Oklahoma, assault is defined as an intentional attempt or threat of force or violence against another person. Okla. Stat. tit. 21 § 641
Assault is a threat of or an attempted act of violence. Let’s imagine you see me in a back alley and don’t like the looks of me. You cock your fist back to deliver a punch to my gut. Just cocking your fist back is a threat of violence. The threat can be the crime of assault.
Battery is defined in Oklahoma statutes as the intentional and unlawful use of force or violence against another. Okla. Stat. tit. 21 § 642
Assault is threatened violence or harm, while battery is the harm itself. So in our illustration, the battery is the punch delivered.
A simple assault is penalized by up to 30 days in jail, a fine of up to $500, or both. Okla. Stat. tit. 21 § 644
The penalty for simple assault and battery is up to 90 days in jail, a fine of up to $1,000, both.
From the perspective of a Rogers County lawyer, assault is rather common. Everyday assaults often go uncharged. Various forms of assault are often part of or coupled with the crime of battery, so that when the battery is completed, we often see the two crimes described as one: assault and battery. Assault is a crime that moves beyond simple assault rather quickly and depending on the circumstances, you could end up spending quite a bit of time in jail or even in prison if you are convicted.
The crime of assault has other forms in Oklahoma, including aggravated assault, assault and battery of a police officer or a police animal such as a dog or horse, assault and battery in a domestic assault and battery, and assault and battery upon an emergency medical care provider. We examine aggravated assault and battery and domestic assault and battery more closely below.
Aggravated Assault and Battery
Perhaps the most prevalent assault crime beyond simple assault is aggravated assault and battery. This kind of assault and battery is defined as either an assault in which great bodily injury is inflicted upon a victim or an assault by a perpetrator who is strong or in robust health against a victim who is elderly or otherwise incapacitated. Okla. Stat. tit. 21 § 646
If convicted, you could face one to five years and a $500 fine. Okla. Stat. tit. 21 § 647
Domestic Assault and Battery
Domestic assault and battery occurs in troubled relationships. It is considered to be domestic abuse. and is defined as assault and battery upon a spouse or partner, former spouse or partner, upon a parent, child or foster child, or upon a person with whom that person has had a child.
This crime is punishable by up to a year in jail, a fine of up to $5,000, or both. A subsequent conviction is punishable by up to four years in prison, a fine of up to $5,000, or both.
Domestic abuse against a pregnant woman with knowledge of the pregnancy is a misdemeanor offense punishable by up to a year in jail for the first conviction. However, a subsequent conviction is treated as a felony crime; this is and punishable by a minimum of 10 years in prison.
Assault and battery by use of strangulation against a domestic relation with the intent to cause grave bodily injury is a felony crime. This is punishable by one to three years in prison, a fine of up to $3,000,or both. A subsequent conviction is punishable by 3 to 10 years in prison, a fine of up to $20,000, or both.
Shooting a domestic relation is punishable by life in prison.
Assault can result in years behind bars. If you are facing assault charges of any kind, hire an experienced criminal defense attorney in Claremore to help you protect your freedom.
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