In order to understand the crime of aggravated assault and battery Oklahoma in Tahlequah, we first need to understand what simple assault and battery is.
Simple Assault and Battery in Oklahoma
We think of assault as an attack upon another person. But it is actually something other than an attack.
An assault actually occurs before an attack if it is going to occur. It is the threat of violence, and can be defined as an intentional attempt or threat of force or violence against another person. Okla. Stat. tit. 21 § 641
Assault is a misdemeanor punishable by a fine of up to $500 and a maximum of 30 days in county jail.
A battery is the attack or contact itself and can be defined as the intentional and unlawful use of force or violence against another. Okla. Stat. tit. 21 § 642
So, assault is a menacing action that threatens the victim, while battery is the contact.
Assault and battery often occur together and as such, are often charged together. Examining the nature of assault further, in order to be chargeable, an assault must put the victim in fear of immediate physical injury. As such, angry words alone are not enough to constitute an assault, but angry words and a threatening gesture such as advancing toward the victim with fists raised to punch them would be.
If assault is the threat of immediate physical harm, battery is the contact or the harm itself. So in this example, if you were to continue toward the victim, and shove, punch, or kick them, making contact, you will have committed a battery. Even a simple assault and battery is a serious crime in Oklahoma.
Assault and battery are considered to be violent crimes and as such are punished harshly in Oklahoma. Assault and battery is a misdemeanor punishable by a fine of up to $1,000 and a maximum of 90 days in county jail.
Aggravated Assault and Battery Oklahoma
Aggravated assault and battery Oklahoma is a much more serious crime. It is a felony offense. The injury to the victim is often much greater. In fact, aggravated assault is defined in some part by the amount of injury that the victim suffers.
Aggravated assault and battery occur when the victim either suffers great bodily injury such as disfigurement, or a fracture, the loss of function of a body part or organ, or any other injury involving a serious risk of death, or when the assault and battery is committed by strong person against a much weaker or incapacitated person. In both of these aspects of the definition, it is clear that the injury and risk of injury to the victim is much more severe. Okla. Stat. tit. 21 § 646
If convicted of aggravated assault and battery Oklahoma, you could face up to five years in prison, a fine of up to $500, or both.
A conviction will alter the course of your life. You will lose your job, often you will lose your home, and relationships with significant partners suffer and often end.
In addition if the aggravated assault and battery Oklahoma happens against someone who is protecting another person from an assault and battery, the conviction will be subject to the 85% Rule. This rule mandates that you must serve 85% of the sentenced time before you are eligible for parole or release. Okla. Stat. tit. 21 § 13.1
If the victim is maimed as a result of the injury, you could be charged with a much more serious crime. Maiming occurs when the victim’s physical appearance is disfigured (attracts attention), or the victim suffers the loss of function of an organ, or if the victim’s physical vigor is seriously diminished.
If convicted of maiming in conjunction with aggravated assault and battery, you could be facing life in prison and a fine of up to $1,000. Okla. Stat. tit. 21 § 759
Free Consultation: Tahlequah Criminal Defense Lawyer
Please contact a Tahlequah criminal defense lawyer to discuss your available legal options if you’ve been charged with aggravated assault and battery Oklahoma.
For a free consultation, call Wirth Law Office – Tahlequah at 918-458-2677 or toll free at 1-888-447-7262.
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