Tulsa Assault and Battery Attorney

assault and battery

Tulsa Attorney for Assault and Battery Charges

In Oklahoma, assault and battery offenses include a wide range of charges and related punishments, as well as sub-category offenses with their own corresponding penalties.

First, we must define the terms assault and battery.
Oklahoma defines assault as any intentional and unlawful attempt to cause bodily harm to another person through the use of force. Okla. Stat. tit.21 § 641
Battery, meanwhile, is defined as any willful and unlawful use of force or violence against the person of another. Okla. Stat. tit.21 § 642
In other words, assault is the attempt to commit battery; battery is the actual attack. Once you’ve committed battery in Oklahoma, you’ve almost certainly committed assault as well, hence why the two charges so often go together.
The basic charges of assault or battery are sometimes called simple assault and battery. Simple assault and battery in Oklahoma are both misdemeanor offenses. The maximum punishment for assault in Oklahoma is 30 days in prison, a fine of up to $500, or both. The maximum penalty for assault and battery is 90 days in jail, a $1,000 fine, or both.

Other Assault and Battery Crimes

Other assault and battery offenses exist in Oklahoma, and some have far harsher penalties than simple assault or battery:

Aggravated Assault and Battery

If assault is done with the intent to cause serious bodily harm, this is known as aggravated assault. For example, cocking your fist as if about to punch someone would result in an assault charge; if you did so while wearing brass knuckles, the charge would be upgraded to aggravated assault.

If the battery causes “great bodily injury,” aggravated assault and battery can also be charged.

Great bodily injury can include:

  • Fractured bones
  • Obvious disfigurement
  • Protracted loss of the function of a body part or organ
  • Substantial risk of death

This charge can also be brought if the assault was against an elderly or handicapped person.

As previously stated, committing battery will lead to this being upgraded to aggravated assault and battery.

As opposed to simple assault and battery, aggravated assault and battery in Oklahoma is a felony. It carries a one-year jail sentence or a prison term of up to five (5) years, fines of up to $1,000, or some combination thereof. Okla. Stat. tit. 21 § 64

There may also be civil penalties if victims seek monetary compensation for any harm suffered during the attack. Additionally, because aggravated assault is a felony, a conviction means you forfeit your right to vote, as well as the right to own or handle firearms.

Aggravated assault and battery are obviously serious offenses. You must contact a Tulsa felony defense attorney if you are accused of it.

Felonious Assault

When someone assaults someone else while also committing another felony, that is considered felonious assault in Oklahoma. This charge is frequently brought in rape or attempted rape cases. To be clear, this charge is only brought if assault is committed by a person intending to commit a specific felony.

As its name suggests, felonious assault is a felony. Possible penalties include fines of up to $500, one (1) year in jail, five (5) years in prison, or both.

Sexual Assault

Oklahoma defines sexual assault as sexual behavior or contact that occurs without the consent of the other participant. This is a broad category ranging from fondling to sexual intercourse to child molestation.

Being accused of sexual assault is serious, with life-changing legal and social consequences. If you’re accused of this crime, you need a skilled Oklahoma sexual assault lawyer.

Assault and Battery With a Dangerous Weapon

According to Oklahoma law, assault and battery with a dangerous weapon is defined as the unwarranted use of any sharp or dangerous weapon on another person with the intention of injuring that person. The weapon can be any type of knife or other sharp object, along with firearms, BB guns, or conductive energy weapons like tasers. It might even be something that wasn’t intended to be a weapon in the first place, like a baseball bat or fireplace poker.

Because serious injuries are more likely when a dangerous weapon is used in a violent assault this offense is treated as a felony under Oklahoma law. The punishment for assault and battery with a dangerous weapon in Oklahoma ranges from one (1) year in county jail to ten (10) years in the state penitentiary. Okla. Stat. tit. 21 § 645

If you are charged with assault and battery with a dangerous weapon, contact a criminal defense attorney in Tulsa who can begin helping you build your defense.

Assault and Battery With a Deadly Weapon

Not to be confused with the previously mentioned offense, assault and battery with a deadly weapon relates to the specific intent behind the use of a weapon.

For instance, if a person fires a gun in the air with the intent to frighten, they may only be charged with assault and battery with a dangerous weapon. However, if they aim directly at the person in an attempt to kill them, the charge may be upgraded to assault and battery with a deadly weapon.

Assault and battery with a deadly weapon in Oklahoma is a serious felony that carries a life sentence upon conviction. Okla. Stat. tit. 21 § 652

Assault and Battery on a Police Officer

Any attack on a police officer performing their lawful duties is treated as a felony in the state of Oklahoma. Okla. Stat. tit. 21 § 649 (B)

This offense carries a sentence of between one (1) year in jail and five (5) years in prison. As an alternative to, or in addition to, incarceration, a fine of up to $500 may be imposed. A combination of both a fine and jail or prison time can also result. A knowledgeable criminal defense attorney in Tulsa is necessary to help you fight charges of assault and battery on a police officer.

Domestic Assault and Battery

The threat or use of physical force against a person with whom you have a domestic relationship – typically a long-term girlfriend or boyfriend or spouse – is known as domestic assault and battery. It’s also referred to as domestic violence.

Even compared to other types of assault and battery, domestic abuse in Oklahoma is taken very seriously. On first offense, it’s a misdemeanor punishable by up to one (1) year in the county jail, a fine of up to $5,000, or both. Okla. Stat. tit. 21 § 644. On second and subsequent offenses, domestic assault and battery is upgraded to a felony (known as felony domestic abuse), with a possible punishment of up to four (4) years in prison.

In addition, anyone convicted of domestic abuse is permanently barred from owning a firearm. 18 U.S.C. § 922(g)(9)

Domestic abuse accusations can quickly escalate into life-altering consequences. Retaining a criminal defense lawyer in Tulsa is the best way to ensure you are protected.

Domestic Assault and Battery in the Presence of a Minor

Domestic violence committed in the presence of a child under the age of 18 is a misdemeanor on the first offense. It’s punishable by up to $5,000 in fines and between six-to-twelve months in county jail.

Any subsequent offense brings with it an upgraded felony charge, with a possible prison sentence of one-to-five years, fines up of up to $7,000, or both.

Domestic Assault and Battery by Strangulation

Domestic abuse involving an attempt or actual strangulation with the intent to seriously injure another person is a felony in Oklahoma. Punishment for this offense ranges between one (1) to three (3) years in prison, with a fine of up to $3,000 also possible.

Subsequent convictions for this offense can lead to three (3) to (10) ten years in prison, a maximum fine of $20,000, or some combination of imprisonment and fines. If you are accused of this, immediately contact a criminal defense attorney in Tulsa.

Free Consultation with a Tulsa Assault and Battery Lawyer

Assault and battery in Oklahoma can carry a lengthy prison sentence. If you find yourself charged with this offense, it’s critical that you retain an experienced Tulsa criminal defense attorney familiar with the local court system.

Call 918-879-1681 to schedule a free initial consultation with Wirth Law Office – Tulsa. You can also reach us at 1-888-Wirth-Law (1-888-947-8452). Or, if you prefer email, just fill out the question form on the right-hand side of the page. No matter what method you choose, a skilled Tulsa assault and battery lawyer will be in touch with you promptly.

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