Defining Assault and Battery in Oklahoma
Assault and battery in Oklahoma includes a variety of offenses that carry significant penalties, often including nuanced sub-category offenses that carry their own corresponding punishments as well.
First, we need to establish definitions for assault and battery.
In Oklahoma, assault is defined as any willful and unlawful attempt or offer to do corporal harm to another using force or violence. Okla. Stat. tit.21 § 641
Battery, meanwhile, is any willful and unlawful use of force or violence upon the person of another. Okla. Stat. tit.21 § 642
In other words, assault is the attempt to commit battery, which is the actual physical attack on someone. Once you’ve committed battery, you’ve likely committed assault as well, meaning your charge will probably be assault and battery.
Simple assault and battery are both misdemeanor offenses in Oklahoma. The maximum punishment for assault is 30 days in jail, a fine of up to $500, or both. The maximum punishment for assault and battery is 90 days, a fine of up to $1,000, or both.
Other Assault and Battery Crimes
There are other assault and battery offenses in Oklahoma, and some carry significantly higher penalties than simple assault or battery:
Aggravated Assault and Battery
An assault charge can be enhanced to aggravated assault if the assault was done with the intent of creating serious bodily injury. For example, cocking back your fist as if getting ready to punch someone would result in an assault charge; if you were wearing brass knuckles while doing so, the charge would be upgraded to aggravated assault.
Aggravated assault and battery can also be charged if the battery results in “great bodily injury.”
This could be any use of force that results in:
- Bone fracture
- Protracted and obvious disfigurement
- Protracted loss of the function of a body part or organ
- Substantial risk of death
This charge can also be brought if the assault was against someone who is aged or incapacitated.
As stated before, committing battery will lead to this becoming aggravated assault and battery.
Unlike simple assault and battery, this is a felony offense. It brings with it a jail sentence of one (1) year or a prison term of up to five (5) years. Fines of up to $1,000 are possible as well, and these can be stacked on top of any jail or prison time. Okla. Stat. tit. 21 § 64
There are also potential civil penalties, as victims may seek restitution for any injuries sustained or property damaged as a result of the attack. Because aggravated assault is a felony, you will lose your right to keep and bear arms, as well as your right to vote.
Needless to say, aggravated assault and battery is a serious offense. If you find yourself charged with it, you need to call an aggravated battery lawyer in Tulsa.
Felonious Assault
Felonious assault occurs when a person commits an assault in the course of committing another felony. This charge is often brought in rape or attempted rape cases. Felonious assault does not occur unless there is a specific intent to commit a specific felony.
As the name implies, felonious assault is a felony. The penalty for felonious assault is up to a (1) year in jail, five (5) years in prison, a fine of up to $500, or both fines and incarceration. Okla. Stat. tit. 21 § 42
Sexual Assault
Sexual assault is defined in Oklahoma as sexual contact or behavior that occurs without the explicit consent of the recipient. It is a broad category that encompasses a wide variety of acts, ranging from sexual intercourse to fondling to child molestation. Okla. Stat. tit. 21 § 112
Sexual assault is a serious offense to be accused of. If you are facing this charge you need an experienced Oklahoma sexual assault attorney.
Assault and Battery With a Dangerous Weapon
Oklahoma law defines assault and battery with a dangerous weapon is defined as the unjustified assault, battery, or assault and battery on another person using any sharp or dangerous weapon with intent to injure that person. The weapon can be any type of firearm, air gun, or conductive energy weapon such as a taser. It might even be something not originally designed as a weapon, such as a baseball bat or fireplace poker.
The use of a dangerous weapon in a violent attack raises the possibility of serious injury. As a result, Oklahoma law treats assault and battery with a dangerous weapon as a felony. The punishment can be up to a (1) year in county jail or up to ten (10) years in the state penitentiary. Okla. Stat. tit. 21 § 645
Assault and Battery With a Deadly Weapon
The concept of a “deadly weapon” in Oklahoma is related to the intent behind the use of the weapon. For example, if a firearm is discharged with the intent to frighten, a person may only be charged with assault and battery with a dangerous weapon.
On the other hand, beating another person with a rock in an attempt to kill them can lead to charges of assault and battery with a deadly weapon.
Committing assault and battery while intentionally and wrongfully using a deadly weapon is a serious felony and is punishable by up to life in prison. Okla. Stat. tit. 21 § 652
Assault and Battery on a Police Officer
Assault and battery committed against a peace officer who is performing their duties is punishable as a felony. Okla. Stat. tit. 21 § 649 (B)
This crime is punishable by up to a (1) year in jail or up to five (5) years in prison. A fine of up to $500 may be assessed in addition to or in lieu of incarceration. Assault and battery on a police officer is a serious offense that requires the help of a skilled Tulsa criminal defense lawyer to defend against.
Domestic Assault and Battery
Domestic assault and battery refers to the threat or attempt to use physical force against a person with whom you have a domestic relationship, usually a longtime girlfriend or boyfriend, or a spouse. It’s also referred to as domestic abuse.
Domestic abuse is treated more seriously than other forms of assault and battery. On first offense, domestic assault and battery is a misdemeanor punishable by up to a (1) year in the county jail, a fine of up to $5,000, or both. Okla. Stat. tit. 21 § 644. In addition, anyone convicted of domestic abuse is permanently prohibited from possessing firearms. 18 U.S.C. § 922(g)(9)
On second and subsequent offenses, domestic assault and battery is upgraded to a felony (known as felony domestic abuse), with a possible punishment of up to four (4) years in prison.
Domestic Assault and Battery in the Presence of a Minor
Domestic violence committed in the presence of a minor is a misdemeanor on the first occasion. The punishment on the first occasion can range from six to 12 months in county jail, as well as a possible fine of up to $5,000.
Domestic violence committed in front of a child on a second or subsequent occasion is a felony. The possible sentence ranges from one to five years. A fine of up to $7,000 is also possible.
Domestic Assault and Battery by Strangulation
Domestic abuse committed with the intent to cause great bodily harm by strangulation or attempted strangulation is considered a felony in Oklahoma. The punishment for this offense ranges between one (1) to three (3) years in prison. The fine is up to $3,000.
For a second or subsequent conviction of domestic abuse by strangulation or attempted strangulation, the punishment range is three (3) to (10) ten years in prison and a maximum fine of $20,000. If you are accused of this, immediately contact a criminal defense attorney in Tulsa.
Initial Consultation: Tulsa Assault and Battery Lawyer
Many assault and battery charges in Oklahoma carry lengthy prison terms. If you are accused, it’s crucial that you hire a Tulsa criminal defense attorney with experience who is familiar with the local court system.
Make an appointment for a low-cost initial consultation with the Tulsa Criminal Defense Law Firm by calling (918) 256-3400. The question form is also accessible at the top right of this page.