Assault and Battery
A person may be charged with assault and battery if the act of committing assault ends up in a battery. Battery involves the intentional use of force against another person, thereby causing harm to the victim. For instance, threatening to hit or strike a person is assault. If the defendant ends up striking the victim after issuing the threat, they may then be charged with assault and battery.
Misdemeanor assault and battery is punishable by imprisonment in a county jail for up to 90 days, a maximum fine of $1,000, or both.
According to Oklahoma Statutes Section 21-644 (C), any person who commits an assault and battery against a current or former intimate partner or a family or household member can be charged with domestic abuse.
Domestic abuse is a felony charge, punishable by imprisonment in a county jail for up to one year, a maximum fine of $5,000, or both. A second domestic violence conviction is punishable by up to four years in the custody of the Oklahoma Department of Corrections, a maximum fine of $5,000, or both.
Aggravated Assault and Battery
Pursuant to Oklahoma Statutes Section 21-646, assault and battery offense becomes aggravated when committed under any of the following circumstances:
- When significant bodily harm is inflicted upon the person assaulted
- When the act is committed by a person of robust health or strength upon a person who is aged, decrepit, or incapacitated.
Under Oklahoma Statutes Section 21-646 (B), “great bodily injury” can include:
- Bone fractures
- Protracted and obvious disfigurement
- Protracted loss or impairment of the function of a body part, organ, or mental faculty
- Substantial risk of death
Aggravated assault and battery is punishable by up to five years in a state penitentiary, a fine of up to $500, or both.
Abuse of a Pregnant Woman
According to Oklahoma Statutes Section 21-644 (E), any person convicted of domestic abuse committed against a pregnant woman with knowledge of the pregnancy can be charged with a misdemeanor, punishable by imprisonment in a county jail for up to one year.
Why Choosing the Right Attorney is Important
Your decision to defend your assault allegations alone could put you at greater risk of being convicted. If convicted, you could be facing severe punishment, including hefty fines, prison sentences, a permanent criminal record, and other social ramifications. When facing assault charges, retaining a knowledgeable Oklahoma criminal defense attorney is crucial to protect your rights.
For more than two decades, I have been defending clients facing various assault allegations. As your legal counsel, I will review all of the details of your case, carry out a comprehensive investigation, and identify the best defense strategy to pursue a favorable outcome.