When faced with a criminal charge like assault or battery, the stakes are high—your freedom, your finances, your relationships, and your future are all on the line.
At Jacqui Ford Law, we understand the gravity of these charges and the profound impact they can have on your life. With a dedicated team of experienced attorneys led by Jacqui Ford, we are committed to standing by your side, offering the support and legal representation you need to navigate accusations of domestic violence.
In this blog, we will explore the separate laws for assault and battery in Oklahoma, what they constitute, the penalties for each crime, and what you can do for your defense.
Assault Vs. Battery in Oklahoma: What’s the Difference?
You often hear these terms on TV crime shows or see them in daily arrest reports, but what do assault and battery actually mean under Oklahoma law? Oklahoma has separate laws for assault and battery, and depending on the circumstances, you can be charged with both.
What is Assault?
Under Oklahoma law, assault is defined under Title 21, § 641 of the Oklahoma Statutes as “any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.” However, words alone are not sufficient to constitute an assault. To be charged with assault, the threat must be accompanied by a threatening action, such as:
- Running toward the potential victim
- Making a menacing gesture
What is Battery?
Battery, on the other hand, is addressed under Title 21, § 642 of the Oklahoma Statutes and involves “any willful and unlawful use of force or violence upon the person of another.” For an act to be considered battery under Oklahoma law, it must:
- Cause physical harm or be offensive to the victim
- Be carried out with the intent to harm
Assault and Battery: When Do They Occur Together?
A person in Oklahoma can be charged with both assault and battery if they:
- Threaten to harm someone (assault)
- Follow through with physical force causing harm (battery)
The severity of these charges—whether a felony or misdemeanor—depends on various factors, including:
- The extent of the injuries inflicted on the victim
- The use of a weapon
- The type of victim involved
When is Assault and Battery Considered More Serious?
Certain victims, as identified by Oklahoma law, can lead to enhanced penalties if they are involved in an assault and battery case.
For instance, under Title 21, § 650, if the assault or battery is committed upon an officer of the law, an emergency medical technician, or a school employee while they are engaged in their official duties, the penalties can be much more severe. Special victims include:
- School employees who were performing their duties at the time of the attack, students in class, or participating in an after-school activity during the alleged attack.
- Emergency medical service workers and other first responders who were rendering medical aid at the time of the attack.
- Sports officials, such as umpires or referees, who were working at a sporting event during the attack.
- Police officers, deputies, or corrections officers who were on duty at the time of the incident.
- Judges, jurors, bailiffs, or other court officers who were performing their official duties at the time of the incident.
What Are the Penalties for Assault and Battery Convictions in Oklahoma?
The penalties for assault and battery in Oklahoma can vary depending on the circumstances. Here are some potential consequences:
- Assault: According to Title 21, § 644, without special victims or weapons involved, assault is typically a misdemeanor, punishable by up to 30 days in jail, a $500 fine, or both.
- Assault and Battery: Under the same statute, if no special conditions apply, this misdemeanor can result in up to 90 days in jail, a $1,000 fine, or both.
- Restitution: As outlined in Title 21, § 142.13, the convicted individual may be required to pay restitution to cover the victim’s expenses, including medical bills, lost wages, or property damage.
Criminal defense lawyers understand the stress and emotional toll that criminal charges can take, and we are here to support you. With these possible penalties, seeking a lawyer with extensive knowledge and experience is vital, ensuring that your case is handled with the utmost care.
How A Criminal Defense Lawyer in Oklahoma Can Help
Being accused of assault or battery can feel overwhelming and isolating, but you don’t have to navigate this challenging time by yourself. A criminal defense lawyer can help you with the following:
- Deferred or Suspended Sentences: Exploring alternative sentencing options to minimize the impact on your life.
- Pre-Trial Diversion Programs: Investigating ways to resolve your case before it goes to trial.
- Case Dismissal: Working to have charges reduced or dismissed altogether.
At Jacqui Ford Law, our team is dedicated to defending your rights and working towards the best possible outcome for your case.
Contact Our Oklahoma Assault Defense Attorneys at Jacqui Ford Law Today
If you or a loved one has been accused of assault or battery, it’s crucial to seek legal help immediately. Contact us today at 405-604-3200 to start building your defense and take the first step towards a brighter, healthier future.
We’re here to answer your questions and to protect your rights every step of the way!
