It can be easy to confuse aggravated assault and aggravated battery, but in Oklahoma, these two charges carry key differences.
Facing a charge like aggravated assault or aggravated battery can turn your life upside down, leaving you uncertain about the future and unsure of what steps to take next. Our dedicated team of criminal defense lawyers at Jacqui Ford Law is here to stand by your side, offering guidance, support, and a deep understanding of Oklahoma’s legal system. Led by our criminal defense advocate, Jacqui Ford, our proven track record reflects our relentless pursuit of justice.
In this blog, let’s discuss further what constitutes assault and battery in Oklahoma, what makes the two different from each other, and how hiring the right legal team can make a difference in your case.
What Is the Difference Between Assault and Battery in Oklahoma?
In Oklahoma, assault and battery are two distinct actions that may be combined into a single charge:
- Assault: Under 21 O.S. § 641, assault is defined as a crime where a perpetrator threatens a victim with physical harm. This threat does not entail a verbal threat but a physical threat, such as a drawn first or a missed punch.
- Battery: On the other hand, battery, as defined in 21 O.S. § 642, involves the actual use of force.
To simplify, if somebody misses a punch, it is assault; if somebody pushes you or spits on you, that is considered a battery charge.
When both actions occur, such as someone attempting to strike and succeeding, it is considered assault and battery under Oklahoma law.
What Makes A Charge ‘Aggravated?’
While assault and battery together may be considered a misdemeanor offense, certain circumstances—such as a prior conviction—can elevate this to a felony charge, as outlined in 21 O.S. § 644.
Aggravated assault and aggravated battery come with more severe penalties and include additional elements that make them more serious offenses.
According to 21 O.S. § 646, a charge becomes aggravated when it involves:
- Serious Injuries: If the victim has faced any significant injury, such as broken bones, disfigurement, or a serious wound, the charge can be escalated to aggravated assault and battery.
- Use of a Dangerous Weapon: The use of weapons such as brass knuckles, firearms, or other dangerous objects can automatically elevate an assault charge to aggravated under 21 O.S. § 652.
- Special Victims: Assaulting certain individuals, including law enforcement officers, vulnerable adults (such as the elderly or disabled), or school employees, can lead to an aggravated charge due to their protected status under the law, as outlined in 21 O.S. § 649.
- Intent to Cause Serious Harm: The intent to inflict serious injury or even death can also elevate a charge to aggravated, depending on the circumstances of the assault.
What Are The Penalties For Aggravated Assault And Battery in Oklahoma?
Aggravated assault and battery as a single charge are among the most serious charges in Oklahoma. Perpetrators can face serious penalties, as specified in 21 O.S. § 647, which may include:
- Fines: You may face fines of up to $500 for an aggravated assault and battery charge.
- Imprisonment: Depending on the details of the case, you could face a prison sentence of up to five years.
These penalties reflect the typical range for aggravated assault and battery in Oklahoma. However, additional factors—such as repeat offenses or particularly severe injuries—may result in harsher consequences.
At Jacqui Ford Law, we know that these penalties can be difficult for many people and are ready to help you in your legal fight.
Penalties for Aggravated Assault and Battery Against Special Victims in Oklahoma
If the aggravated assault and batteryhas been performed on a special victim, such as a law enforcement officer, a school employee, or an elderly person, the penalties faced by perpetrators become significantly more severe. For example, under 21 O.S. § 650, aggravated assault and battery on a law enforcement officer can result in:
- Life imprisonment: Assaulting a law enforcement officer while they are performing their official duties can lead to a maximum sentence of life in prison.
- Increased fines: In cases involving special victims, fines can rise to $5,000 depending on the severity of the offense.
Oklahoma law treats these cases with the utmost seriousness, and courts typically impose harsher sentences when special victims are involved.
Restitution for Assault and Battery Victims
Beyond fines and imprisonment, those convicted of aggravated assault and battery may be required to pay restitution to the victim, as provided under 21 O.S. § 142.18. Restitution covers the financial losses that the victim suffered as a result of the assault, including:
- Medical expenses: Covering the costs of any medical care needed for injuries sustained during the assault.
- Property damage: Reimbursing the victim for any personal property damaged during the assault.
- Therapy and counseling: Restitution may also cover psychological counseling or therapy needed by the victim due to the trauma of the incident.
For example, if someone breaks a victim’s arm during an assault and also damages their personal belongings, restitution may include covering the costs of medical treatment and replacing the broken property.
Common Defenses in Aggravated Assault and Battery Cases in Oklahoma
If you’re facing aggravated assault and battery charges in Oklahoma, several defenses may apply to your case, depending on the circumstances. Some of the most common defenses include:
- Self-defense: Under Oklahoma law, if you acted to protect yourself or another person from imminent harm, self-defense may be a valid defense to an assault charge.
- Lack of intent: In many cases, intent plays a critical role in proving an aggravated assault charge. If the prosecution cannot prove that you intended to cause harm, reducing or dismissing the charges may be possible.
- Consent: While rare, there are situations where the alleged victim consented to the physical contact. If this can be proven, it may be used as a defense.
Each case is unique, and the defense strategy will depend on the details of your situation. Having an experienced criminal defense lawyer evaluate your case and explore possible defenses is critical.
Contact Jacqui Ford Law For Your Aggravated Assault Cases in Oklahoma Today
Don’t face these serious charges alone, especially when you’re falsely accused. At Jacqui Ford Law, we offer a free consultation with our Oklahoma City criminal defense team to learn about your case and to discuss your options. Contact us at 405-604-3200 today!
