Aggravated Assault and Battery in Oklahoma
In Oklahoma, aggravated assault and battery is defined as an assault in which great bodily injury is inflicted on the 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.
This is different from a simple assault and battery. In Oklahoma, a simple assault can be defined as an intentional attempt or threat of force or violence against another person. Okla. Stat. tit. 21 § 641. In Oklahoma, a simple battery is 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. A simple illustration can help. If a person cocks back a fist as if to punch another, that is an assault. The actual punch is the battery. Adding brass knuckles and heavy punches to the face can turn a simple assault and battery into an aggravated assault and battery.
Aggravated assault and battery is a serious crime in Oklahoma. The injury to the victim is often great, and as such it is always treated as a felony.
Punishment For Aggravated Assault and Battery in Oklahoma
If you are found guilty of aggravated assault and battery in Oklahoma, you face a felony prison term of up to five years. Alternatively, the judge may sentence you to county jail for as long as one year. Finally, the judge can order that you pay a fine of up to $500, either in addition to prison or jail time or instead of confinement in jail or prison. Okla. Stat. tit. 21 § 647.
In addition, In Oklahoma, if the aggravated assault and battery occurs against a person who is protecting another person from an assault and battery, the conviction will be subject to the 85% rule. This rule mandates that the felon serve 85% of the sentenced time before becoming eligible for parole or release. Okla. Stat. tit. 21 § 13.1.
Aggravated Assault and Battery Upon a Police Officer in Oklahoma
In Oklahoma aggravated assault and battery upon a police officer is defined as the assaulting and battering of any police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or state peace officer, in the performance of his or her duties, without just or excusable cause.
If you attempt to take away a police officer’s gun while he or she is acting as a police officer, or if you make physical contact with that officer, you could be found guilty of aggravated assault and battery upon a police officer. In Oklahoma, this is a felony punishable by up to a life term in prison and/or a fine of up to $1000.
If the aggravated assault results in the maiming of the officer in Oklahoma, you could face jail term of from 5 years to life and/or felony punishable by imprisonment in the custody of the Department of Corrections of not less than five (5) years nor more than life or by a fine of up to $5,000.00. Maiming is defined as an injury upon another, made with premeditation, that causes disfigurement or disability or which seriously reduces another’s health or vigor. Okla. Stat. tit. 21 § 751.
Free Consultation With a Tulsa Criminal Defense Attorney
Under Oklahoma criminal law, a felony conviction for aggravated assault and battery can mean jail or prison time. If charged, it is important that you hire an experienced Tulsa criminal defense attorney. Only a local attorney will know the court system and judges in the area. Do not delay. Our initial consultation is free. Call the Wirth Law Office at (918) 879-1681 or submit your question form at the top right of this page. We pride ourselves on providing our clients with excellent representation at a reasonable cost.