Assault is a serious crime, but it can be tricky to define what the term means. Definitions vary by state.
If you live in Oklahoma, it’s critical to know your rights and understand what is considered assault in the state.
Our criminal defense attorneys at Jacqui Ford Law have years of experience with assault cases in the Oklahoma area. Read on to learn more about an assault in Oklahoma.
What Is Assault In Oklahoma?
In Oklahoma, an assault is an attempt at or violent threats against another person.
Assault is considered a misdemeanor crime. If you are guilty of assault, you could be responsible for jail time, a fine, or a combination of both.
It can be tricky to define assault, as many qualities imitate battery, which it can be a separate crime.
Battery is an intentional and unlawful use of force against another individual. Assault is the threat of harm – while battery is the action itself.
Is An Injury Necessary For An Assault Charge in Oklahoma?
It’s possible to make a charge for assault and battery even if you don’t have a physical injury on your body. However, certain degrees of harm make a felony charge more likely in your case.
In Oklahoma, battery is unwanted touching from another individual. An alleged victim can make a charge without serious injury. However, the punishment to the offender may not be as extensive.
Other Forms Of Assault in Oklahoma
The crime of assault has other forms in Oklahoma. They include aggravated assault, assault and battery of a police officer, assault and battery in domestic violence, and assault in battery on an emergency medical provider or juror.
We will focus on the two general forms of assault that appear most often in court:
- Aggravated assault and battery
- Domestic assault
Aggravated Assault And Battery
Aggravated assault and battery is the most common form of assault in Oklahoma. This situation occurs when assault happens and the victim has severe bodily harm as a result. The perpetrator is typically strong and the victim is unable to defend themselves well.
If a man injured a man of a similar size, resulting in severe injury, they would receive a charge for aggravated assault. However, if they went after an old lady and severely injured her, they would be responsible for an aggravated assault and battery under Oklahoma law.
Assault and battery are also prevalent in the form of domestic abuse. In this case, several people can enact domestic assault.
Domestic assault and battery are defined by Oklahoma as an attack on:
- A former partner or spouse
- A current partner or spouse
- A person with whom the alleged guilty party has a child
- A child, foster child, or parent
If convicted, an individual guilty of domestic assault may face a year in jail, a fine of up to $1,000, or a combination of the two.
If a domestic assault occurs on a pregnant woman with the assaulter’s knowledge, the punishment becomes even harsher.
If there is a severe bodily injury in a domestic assault, the punishments are greater. They may face a year of incarceration or up to a $3,000 fine.
Contact Jacqui Ford Law Today
If you have been arrested or are currently under investigation for a criminal charge in Oklahoma City, then your rights and freedom could be on the line. If you think you may need help with an assault case, contact Jacqui Ford Law today. Our defense attorneys are ready and willing to assist you with anything you need.