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Criminal Defense

What Is The Difference Between Aggravated Assault And Aggravated Battery In Oklahoma?

By December 13, 2022April 5th, 2024No Comments

It can be very easy to confuse aggravated assault and aggravated battery. However, in the state of Oklahoma, these charges have some key differences.

Additionally, a third, related charge exists: assault and battery. In Oklahoma, assault and battery as a single charge is an assault that ends in a battery. 

While an assault and battery charge is a misdemeanor offense, circumstances such as a prior conviction may result in a felony charge.

Aggravated assault and aggravated battery charges can have a lot of different elements, but luckily, our dedicated team of Oklahoma City criminal defense attorneys at Jacqui Ford Law is here to help. 

What is the Difference Between Assault and Batter in Oklahoma?

In Oklahoma, assault is 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.

On the other hand, a battery charge involves the actual use of force. If somebody misses a punch, it is assault; if somebody pushes you or spits on you, it is a battery charge.

Assault and battery, then, could occur when somebody tries to punch you and succeeds. Then, a court would consider it “assault and battery.”

What Makes A Charge ‘Aggravated?’

While a simple assault and battery charge consists of any attempted blows that may land, several factors can elevate a simple assault charge into the aggravated territory.

One of the main factors in determining whether a charge is simple or aggravated is the amount of damage. If the victim has faced any significant injury, it will be considered an aggravated assault and battery.

However, other factors may automatically place the charge under the “aggravated” label:

  • Use of brass knuckles
  • Assault against a “special victim,” such as a police officer or an elderly or disabled person
  • Heavy blows to the face

What Are The Penalties For Aggravated Assault And Battery?

Aggravated assault and battery as a single charge is one of the most serious charges in Oklahoma and perpetrators can face serious penalties.

While penalties may vary depending on each case, you could face up to $500 in fines. Additionally, you face a maximum of up to five years in prison.

These are only the maximum typical penalties for an assault and battery charge; you may face more repercussions depending on the circumstances of the assault.

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

If an aggravated assault and battery has been performed on a special victim, such as an on-duty police officer, a school employee, or an elderly person, you may face harsher prison sentences.

For example, aggravated assault and battery on a law enforcement officer impose a maximum of a life sentence in prison along with a fine of up to five thousand dollars.


If you are convicted of aggravated assault and battery in Oklahoma, a court may order you to pay restitution for any damages suffered by a victim.

Restitution covers any financial costs associated with the assault, including medical bills or damaged property that arises.

For example, if a victim has experienced a broken arm and shattered glasses due to an assault, you may be liable for their medical bills and the cost of their replacement glasses, along with any therapy or counseling that they may need.

Contact Jacqui Ford Law For Your Aggravated Assault Cases

At Jacqui Ford Law, we offer a free consultation with our Oklahoma City criminal defense team to learn about your case, including aggravated assault and battery cases. Contact us today!