Assault and Battery Penalties Vary Depending on the Circumstances
In Oklahoma, simple assault and battery are actually two separate crimes that usually occur together and are usually charged together. An assault is defined as an intentional attempt or threat of force or violence against another person. Okla. Stat. tit.21 § 641
The threat must be imminent, and usually accompanied by an action that makes the threat tangible. Mere words are not enough.
A battery is defined as the intentional and unlawful use of force or violence against another. Okla. Stat. tit. 21 § 642
Raising a baseball bat in someone’s direction when you are angry may be enough for an assault charge. Hitting a person with the baseball bat is a battery.
An assault and battery can be a serious crime in Oklahoma depending on the circumstances. A simple assault without a battery is a misdemeanor, punishable by up to 30 days in county jail and/or a fine up to $500. A simple assault and battery is also a misdemeanor, punishable by up to 90 days in county jail and/or a fine up to $1,000. Okla. Stat. tit. 21 § 644
However, assault and battery under any of the following conditions becomes a much more serious crime.
Aggravated Assault and Battery
In Oklahoma, aggravated assault and battery is defined as an assault in which great bodily injury is inflicted on the 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
The level of injury is much greater. As such, it is always treated as a felony.
If you are found guilty of aggravated assault and battery, you face a up to five years in prison or up to one year in the county jail in addition to a fine up to $500. Okla. Stat. tit. 21 § 647
Domestic Assault and Battery
Assault and battery often occurs with domestic abuse. Oklahoma law defines domestic abuse as a willful assault and battery upon a spouse or partner, former spouse or partner, parent, child or foster child, or upon a person with whom that person has had a child. The crime is punishable by a jail term of up to one year and/or a fine up to $5,000. A subsequent conviction could mean up to four years in jail and/or a fine up to $5,000. Okla. Stat. tit. 21 § 644
Domestic abuse against a pregnant woman while knowing about the pregnancy is a misdemeanor offense punishable by up to one year in jail for the first conviction. But a subsequent conviction is treated as a felony, punishable by a jail term of not less than 10 years.
A person who commits an assault and battery with the intent to cause grave bodily injury by use of strangulation against a domestic relation will be punished by a jail term of from one to three years and/or a fine up to $3,000 for the first conviction. A subsequent conviction is punishable by a jail term of three to 10 years and/or a fine up to $20,000. Okla. Stat. tit. 21 § 644
A shooting of a domestic relation is a felony under Oklahoma law, punishable by a life term in prison.
Domestic assault and battery in front of a child is more serious. A first-time offender will be punished with a prison term from six months to a year, and/or a fine of up to $5,000. Subsequent offenses are punishable by a prison term of one to four years and/or a fine of up to $7,000. Okla. Stat. tit. 21 § 644
Assault and battery charges vary quite a bit depending on the circumstances involved. So do the punishments. An experienced Claremore criminal defense attorney can help you build a strong defense to any charges you are facing.
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