Aggravated Assault vs Aggravated Battery

In Oklahoma, aggravated assault and battery is a felony carrying up to five years in prison and a $500 fine under 21 O.S. § 647, but penalties increase significantly when a dangerous weapon is used, a law enforcement officer is the victim, or the offense results in permanent injury. What makes a charge aggravated comes down to the severity of the injury, the vulnerability of the victim, or the weapon involved. Jacqui Ford Law defends aggravated assault and battery cases throughout Oklahoma City and knows exactly where these charges can be challenged. 

Assault and battery charges in Oklahoma can escalate quickly. What starts as a misdemeanor can become a felony the moment great bodily injury is involved, a weapon is used, or the victim is a protected individual under Oklahoma law. 

At Jacqui Ford Law, our criminal defense team has defended Oklahomans against assault and battery charges at every level. Led by Jacqui Ford, our proven track record reflects our commitment to fighting for the best possible outcome in every 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 willful and unlawful attempt or offer with force or violence to do a corporal hurt to another person. A drawn fist or a missed punch can constitute assault. No physical contact is required.
• Battery: Under 21 O.S. § 642, battery involves the actual intentional and unlawful use of force or violence against another person. Pushing someone or spitting on them qualifies as battery.

When both actions occur together, 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 can elevate it to a felony charge. According to 21 O.S. § 646, a charge becomes aggravated when it involves:

• Great bodily injury: If the victim suffers bone fracture, protracted disfigurement, protracted loss or impairment of the function of a body part or organ, or faces a substantial risk of death, the charge can be escalated to aggravated assault and battery.
• 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 21 O.S. § 649.
• Intent to cause serious harm: The intent to inflict serious injury or death can also elevate a charge to aggravated depending on the circumstances.

What about assault with a dangerous weapon? If a dangerous weapon such as a firearm, air gun, conductive energy weapon, or other sharp or dangerous weapon was used with intent to injure, that conduct is charged under 21 O.S. § 645, which carries up to 10 years in prison as a Class B4 felony.

What Are the Penalties for Aggravated Assault and Battery in Oklahoma?

The penalties for aggravated assault and battery in Oklahoma vary significantly depending on who the victim is, what weapon was used, and whether the offense involved great bodily injury. Here is the current penalty structure:

Offense	Statute	Classification	Maximum Penalty
Aggravated assault and battery (general)	21 O.S. § 647	Felony	5 years prison or 1 year in county jail, $500 fine
Assault with a dangerous weapon	21 O.S. § 645	Class B4 Felony	10 years in prison or 1 year in county jail
Aggravated assault on a law enforcement officer	21 O.S. § 650v1(A)	Felony	Life in prison, $1,000 fine
Aggravated assault on a law enforcement officer causing permanent injury or disability	21 O.S. § 650v1(B)	Felony	5 years to life in prison, $5,000 fine
Shooting with intent to kill	21 O.S. § 652	Felony	Life in prison

In addition to prison time and fines, courts may order the defendant to pay a victim compensation assessment of up to $10,000 per felony under 21 O.S. § 142.18, which is paid into the state’s Victims Compensation Revolving Fund. Courts may also separately order direct restitution to the victim to cover actual losses, including medical expenses, property damage, and counseling costs. 

What About Aggravated Assault and Battery Against Special Victims?

Oklahoma law treats assaults against certain protected individuals with particular seriousness. Beyond law enforcement officers, enhanced penalties apply when the victim is a school employee, an elderly person, a disabled person, or corrections personnel. 

In these cases, the prosecution does not have to prove great bodily injury to seek elevated charges. The protected status of the victim is enough to trigger a more serious charge and a harsher sentencing range. If any of these circumstances apply to your case, the charge you face and the sentence you could receive may be significantly more serious than a standard aggravated assault and battery conviction. 

The 85% Rule and How It Affects Your Sentence

Certain assault and battery offenses in Oklahoma are designated as violent crimes, which means they are subject to Oklahoma’s 85% rule. If your offense qualifies, you must serve at least 85% of your sentence before becoming eligible for parole consideration. No good behavior credit, earned time, or any other mechanism can reduce the time served below that threshold.

Assault and battery with a dangerous weapon and assault with intent to kill are among the offenses that trigger the 85% requirement. 

A five-year sentence under the 85% rule means you must serve at least four years and three months before parole eligibility. A ten-year sentence means at least eight and a half years served.

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 under 22 O.S. § 991f. Restitution covers the financial losses 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.

Common Defenses in Aggravated Assault and Battery Cases in Oklahoma

If you are facing aggravated assault and battery charges in Oklahoma, several defenses may apply to your case depending on the circumstances:

1. 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.
2. 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.
3. 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

Do not face these serious charges alone. At Jacqui Ford Law, we offer a free consultation with our Oklahoma City criminal defense team to learn about your case and discuss your options. Contact us at 405-604-3200 today.

Frequently Asked Questions About Aggravated Assault and Battery in Oklahoma

1. What is the difference between assault and aggravated assault in Oklahoma? 

Simple assault is an intentional threat or attempt to cause physical harm without actual contact. Aggravated assault involves circumstances that make the offense more serious, including great bodily injury, use of a dangerous weapon, or assault against a protected victim such as a law enforcement officer. Our criminal defense team can assess exactly which charge applies to your situation.

2. Is aggravated assault and battery a felony in Oklahoma? 

Yes. Aggravated assault and battery is a felony carrying up to five years in prison and a fine of up to $500. If the offense involved a dangerous weapon or a protected victim such as a law enforcement officer, the penalties increase significantly, up to life in prison in the most serious cases.

3. What counts as great bodily injury in Oklahoma? 

Under 21 O.S. § 646, great bodily injury means bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part or organ or mental faculty, or a substantial risk of death. If the injury meets this definition, a simple assault and battery charge can be elevated to aggravated.

4. Can aggravated assault and battery charges be reduced in Oklahoma? 

In some cases, yes. If the prosecution cannot prove great bodily injury, intent to harm, or the use of a dangerous weapon, the charge may be reduced to simple assault and battery. Self-defense is also a recognized defense under Oklahoma law. Jacqui Ford and D. Alex Palmer assess every case to identify where the prosecution’s evidence can be challenged.

5. What is the penalty for aggravated assault on a police officer in Oklahoma? 

Under 21 O.S. § 650, aggravated assault and battery on a law enforcement officer while performing their official duties can result in life in prison and a fine of up to $5,000. Oklahoma courts regularly impose severe sentences in these cases.

6. Does the 85% rule apply to assault and battery charges in Oklahoma? 

It depends on the specific charge. Assault and battery with a dangerous weapon under 21 O.S. § 645 and assault with intent to kill under 21 O.S. § 652 are among the offenses that may trigger Oklahoma’s 85% sentencing rule, meaning you must serve at least 85% of your sentence before parole eligibility. Contact Jacqui Ford Law to understand how sentencing rules apply to your specific charge.

7. What is the difference between aggravated assault and assault with a dangerous weapon in Oklahoma? 

Aggravated assault is elevated by the severity of the injury caused or the vulnerability of the victim, such as an elderly or disabled person. Assault with a dangerous weapon is elevated by the use of a sharp object, firearm, or other dangerous weapon with intent to cause bodily harm. Both are felonies but carry different maximum penalties. Assault with a dangerous weapon carries up to 10 years in prison, while standard aggravated assault and battery carries up to 5 years.