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.
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.
Battery is an individual’s intentional use of force against an individual who causes harm to another person. As an example, spitting on someone, slapping or punching a person qualify as battery. 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 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. 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 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
An individual who commits assault, battery or assault and battery with a dangerous weapon faces harsh penalties. The worst possible penalty is 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, date 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.
You Need Elite Legal Representation Following Your Assault and Battery Charge
Assault and battery charges have the potential to ruin your life. Do not assume you will be found guilty following this unfortunate event. Hire our legal team to fiercely advocate on your behalf and we will do everything in our power to prevent a guilty verdict. Fail to hire a savvy attorney and you run the risk of an aggravated assault and battery felony conviction being added to your permanent criminal record. If you are convicted of another crime later in life, the court will take the prior conviction into account and inflict an especially harsh sentence.
If you are convicted of a felony, you will forfeit your right to vote, carry a firearm, hold public office and obtain professional licenses. Do not let this nightmare become your reality. 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.