Assault and battery are some of the most commonly charged crimes in Oklahoma, but many people confuse these terms. It is important that you understand the nature of the charges that you are facing and whether they are misdemeanor or felony offenses. Armed with this knowledge, you can make more informed decisions about how to handle your case.
An experienced criminal defense lawyer from Fassio Law can review your charging documents and explain what is at stake. Contact us today for a confidential consultation.
What Is Assault in Oklahoma?
Oklahoma law defines assault under common law definitions of an attempt to commit a battery or intentionally placing another in apprehension of receiving an immediate battery. This crime is often called “simple assault.” In essence, an assault occurs when someone acts in a way that makes another afraid that they will be harmed. According to 21 OK Stat § 644v1, assault is a misdemeanor crime, punished by imprisonment in a county jail for up to 90 days and/or a fine of up to $500.
However, various circumstances can elevate a simple assault charge to aggravated assault or felony assault. These crimes carry much stiffer penalties.
What Is Battery in Oklahoma?
Battery is the use of wrongful physical violence or constraint upon another person without their consent. To convict a person of assault and battery in Oklahoma, the State must prove that the defendant used willful and unlawful force or violence on another person without their consent. Simple assault and battery is punishable by imprisonment in a county jail for up to 90 days and a fine of up to $1,000.
Aggravated Assault and Battery in Oklahoma
Under Oklahoma Statutes Title 21 § 646, aggravated assault and battery occurs when either of the following conditions applies:
- Great bodily injury occurs: The incident results in severe injury, such as bone fractures, protracted disfigurement, loss or impairment of a body part or mental faculty, or causes a substantial risk of death.
- The crime involves vulnerable victims: The crime is committed by an able-bodied individual against a vulnerable victim, such as someone who is elderly, disabled, or incapacitated.
The disability, impairment, or disfigurement associated with the serious bodily injury component of this law does not have to be permanent for the crime of aggravated assault and battery to be charged. The test is whether the injury is protracted or long-lasting.
Aggravated assault and battery is a severe Class B5 felony, punishable by up to five years in state prison or one year in county jail, along with a fine of up to $500. However, if the assault is directed at a protected class, such as emergency responders, teachers, or law enforcement officers, penalties can be increased.
What Can Elevate an Assault or Battery Charge to a Felony?
One of the most common reasons why assault and battery can be charged as a felony is if it involves a deadly weapon. This crime involves a firearm, air gun, conductive energy weapon, or other means used with the intent to injure a person without justifiable or excusable cause. It is considered a Class B4 felony, punishable by imprisonment in the state penitentiary for up to ten years or in the county jail for up to one year.
Particular circumstances that can elevate a battery charge to a felony or subject the defendant to more serious penalties and the associated penalties include the following:
- Committing an assault and battery against a current or former intimate partner or a family or household member (domestic abuse): Imprisonment in county jail for up to one year and/or a fine of up to $5,000
- Repeat domestic abuse conviction: Imprisonment in the custody of the Department of Corrections of up to four years and/or a fine of up to $5,000
- Domestic abuse with a sharp or dangerous weapon: Imprisonment in the custody of the Department of Corrections of up to ten years or in county jail for up to one year and/or a fine of up to $5,000
- Domestic abuse with a deadly weapon: Imprisonment in the custody of the Department of Corrections up to life
- Domestic abuse committed against a pregnant woman with knowledge of the pregnancy: Imprisonment in the custody of the Department of Corrections for up to five years or a minimum of ten years for a second or subsequent conviction
- Domestic abuse committed against a pregnant woman with knowledge of the pregnancy: Imprisonment in the custody of the Department of Corrections for up to five years or a minimum of ten years for a second or subsequent conviction
- Domestic abuse resulting in great bodily injury: Imprisonment in the custody of the Department of Corrections for up to ten years or in the county jail for up to one year
- Domestic abuse committed in the presence of a child: Imprisonment in the county jail for between six months and one year and/or a fine of up to $5,000; imprisonment in the custody of the Department of Corrections for one to five years and/or a fine of up to $7,000 for a subsequent offense
- Domestic abuse by strangulation: Imprisonment in the custody of the Department of Corrections for one to three years and/or a fine of up to $3,00,0 or three to ten years and/or a fine of up to $20,000 for a subsequent offense
- Maiming: Imprisonment in the custody of the Department of Corrections for up to life
- Administering poison with intent to kill: Imprisonment in the custody of the Department of Corrections for a minimum of ten years up to life in prison
- Shooting with intent to kill: Imprisonment in the custody of the Department of Corrections for up to life
- Using a vehicle to discharge a firearm, crossbow, or other weapon with the intent to kill: Imprisonment in the custody of the Department of Corrections for a minimum of two years, up to life maximum
- Assault with the intent to commit a felony: Imprisonment in the custody of the Department of Corrections for up to five years, in addition to the penalties associated with the underlying crime
Depending on the circumstances, the court can also order the defendant to complete counseling, undergo treatment to end domestic violence, complete an assessment and follow recommendations of a certified batterers’ intervention program, complete substance or alcohol abuse treatment, or attend anger management sessions.
If a person is charged with an assault or battery offense that has an intent-to-kill element, they can be charged with a violent felony, which is subject to the 85% rule. This means they will have to serve at least 85% of their sentence before becoming eligible for parole.
Legal Defenses to Assault and Battery
One of the most important reasons to hire an experienced attorney is that they can help build a compelling defense based on the particular circumstances involved in your case. They know which defenses have proven defective in other cases involving similar facts and are familiar with local judges and their rulings. Possible defenses in assault and battery cases could include:
- Actual innocence: The defendant is innocent of the charges against them
- Mistaken identity: Someone else committed the offense.
- False accusations: The alleged victim is lying about the circumstances to seek revenge or gain an upper hand in a family law case, for example.
- No intent: The defendant lacked an intent to kill or commit a felony, if applicable.
- Self-defense: The defendant was trying to defend themselves from bodily harm when the alleged assault or battery occurred.
- Defense of others: The defendant was trying to defend someone else when the alleged assault or battery occurred.
- Defense of property: The defendant was lawfully attempting to protect their property when the offense occurred.
- Accidental contact: The defendant had accidental contact with the alleged victim, such as accidentally bumping into them on a crowded bus.
- Lawful use of force: The defendant was carrying out their lawful duties, using a moderate use of parental force when trying to correct their child’s misconduct, or trying to prevent a mentally ill or impaired person from injuring others or themselves.
- Consent: The defendant and alleged victim agreed to fight or have contact.
- Witnesses are not credible: Witnesses cannot be believed because of bias or involvement in the situation.
At Fassio Law, we have had considerable success in getting criminal charges dismissed against our clients and negotiating for reduced penalties. Call us today to learn more about how we can fight the charges against you.
Contact an Experienced Oklahoma Criminal Defense Attorney for Legal Advice and Representation
If you have been charged with assault, battery, or aggravated assault and battery, you should seek legal counsel to understand your legal rights. An experienced attorney from Fassio Law can help build a strong defense in your case based on specific circumstances.
Contact us today for a confidential consultation.
