In Oklahoma law, the crime of assault is defined as an intentional attempt or threat of force or violence against another person. Assault is a misdemeanor crime punishable by jail time, a fine, or both. Okla. Stat. tit. 21 § 641
Tulsa lawyers frequently find the concept of assault confused and commingled with the crime of battery, but assault can in fact be a separate crime, in and of itself.
In Oklahoma, battery is defined as the intentional and unlawful use of force or violence against another. Okla. Stat. tit. 21 § 642
An assault is threatened violence or harm, while battery is the harm itself.
A Tulsa lawyer uses this simple example helps to clarify the difference. In a heated argument, an irate man starts yelling at another in the street. He makes no particular threat of harm. In this instance, no crime has been committed, beyond possibly disturbing the peace. Angry words alone do not constitute assault.
If that same man raises his hand as if to strike the person, he has threatened violence, and an assault has been committed. When he hits another, that is the battery. These two crimes often occur together and as such, are often charged together as assault and battery.
The penalty for simple assault is up to 30 days in jail, a fine of $500, or both. Okla. Stat. tit. 21 § 644
In contrast, the penalty for a simple assault and battery is up to 90 days in jail, a fine of up to $1,000, or both.
The crime of assault has other forms in Oklahoma, including:
- aggravated assault;
- assault and battery of a police officer or a police animal such as a dog or horse;
- assault and battery in a domestic violence situation; and
- assault and battery upon an emergency medical care provider or juror.
Aggravated Assault and Battery
Perhaps the most prevalent assault crime beyond simple assault is aggravated assault and battery. Aggravated assault and battery is defined as an assault in which great bodily injury is inflicted upon a victim or an assault by a perpetrator who is strong or in robust health against a victim who is elderly or otherwise incapacitated. Okla. Stat. tit. 21 § 646
In the example above, if the man hits his victim repeatedly, fracturing a jaw or damaging an internal organ, this would constitute aggravated assault under the law. Likewise, if the man hit an elderly man, the crime would most likely constitute aggravated assault and battery.
Domestic Assault in Oklahoma
Assault and battery often occurs a domestic abuse. Oklahoma law defines domestic abuse as assault and battery upon:
- a spouse or partner;
- a former spouse or partner;
- a parent; a child or foster child; or
- a person with whom the perpetrator has had a child.
The crime is punishable by up to a year in jail, a fine of up $5,000, or both.
A subsequent conviction is punishable by up to four years in prison, a fine of up to $5,000, or both. Okla. Stat. tit. 21 § 644
Domestic abuse against a pregnant woman with knowledge of the pregnancy is a misdemeanor offense punishable by up to a year in jail for the first conviction. A subsequent conviction is treated as a felony and punishable by a minimum 10-year prison sentence.
A person who commits an assault and battery with the intent to cause grave bodily injury by use of strangulation against a domestic relation will be punished by one to three years of incarceration, a fine of up to $3,000, or both for the first conviction.
A subsequent conviction is punishable by 3 to 10 years in prison, a fine of up to $20,000, or both. Okla. Stat. tit. 21 § 644
Shooting a domestic relation is a felony under Oklahoma law, punishable by life in prison.
Strategy Session with a Tulsa Criminal Defense Attorney
Assault in Oklahoma may mean jail time. Many assault and battery charges carry long person sentences. If charged, it is important that you hire an experienced Tulsa criminal defense attorney. You need an experienced local criminal attorney familiar the Tulsa court system and local judiciary. Do not delay. Our initial consultation is free.
Call Wirth Law Office – Tulsa at 918-879-1681 or toll free at 1-888-Wirth-Law (1-888-947-8452). You can also submit the question form at the top right of this page.
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