Assault and battery are two distinct crimes. Though assault is not exactly the same as battery, the two are commonly charged as a single crime of assault and battery. An individual can be found guilty of assault and battery as a single crime when an assault ultimately leads to battery.
From Oklahoma City defense attorney Jacqui Ford, here’s everything you need to know about assault and battery, and what to do if you’re charged with either.
Defining Assault in Oklahoma
According to Oklahoma law, assault is a threat or an attempt to induce physical harm on another individual. The threat must include a physical action such as raising one’s fist toward a victim or charging in his or her direction.
Defining Battery in Oklahoma
Battery is an individual’s intentional use of force against an individual who causes harm to another person. Some simple examples that qualify as battery in Oklahoma include:
- Spitting on someone
- Slapping someone
- Punching a person
This means following through on a threat by striking a person can result in a charge of assault and battery as a single crime.
Assault and Battery With a Dangerous Weapon
It is important to distinguish between regular assault and battery and assault and battery with a dangerous weapon.
Assault and battery with a dangerous weapon is committed when one acts with an intent to induce physical harm to another person, with a dangerous or sharp weapon, or by shooting another person with a gun.
In the state of Oklahoma, the intent to induce physical harm is defined as one’s intent to induce harm to another individual, regardless of its severity.
An individual found guilty of aggravated assault and battery will have a serious felony on their record that dramatically reduces “life chances” across the years and decades to come.
Defining Deadly Weapons
Deadly or dangerous weapons are objects meant to inflict harsh bodily injury or a life-threatening injury. Such a weapon must be used in a way that could cause such an injury. Otherwise, the object in question will not qualify as a deadly or dangerous weapon.
Common examples of deadly weapons include knives and firearms.
However, even something like a baseball bat qualifies as a deadly weapon as it can be used in a manner that induces serious harm. As long as the object can cause death, visible disfigurement, a broken bone, or other serious harm, it qualifies as a dangerous or deadly weapon.
The use of such a weapon makes assault and battery that much more of a serious crime.
Assault and Battery Penalties in Oklahoma
An individual who commits assault, battery, or assault and battery with a dangerous weapon faces harsh penalties.
The worst possible penalty ican be upwards of a full decade in prison.
The other end of the penalty spectrum is a year in jail.
If a medical provider is assaulted with a deadly weapon, the crime is punishable by upwards of a full year in jail, a $1,000 fine or both. A penalty of life in prison is possible for those who shoot a family member or an individual with whom one has a child, as it qualifies as domestic abuse.
An individual convicted of assault and battery or either of these offenses might be required to pay restitution.
Restitution payments are necessary to reimburse the victim for expenses related to the crime.
As an example, restitution is paid to cover the cost of related medical treatment, replacing damaged or destroyed property and/or mental counseling necessary in the aftermath of the crime.
Contact Jacqui Ford Law Today
Assault and battery charges have the potential to ruin your life. But you do not need to assume you will be found guilty following this unfortunate event. At Jacqui Ford Law, we do everything in our power to advocate on our clients’ behalf and prevent guilty verdicts.
Contact our law office today to learn more about how we can combat your assault and battery charge and get your life back on track.