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, simple assault is an intentional attempt or threat of force or violence against another person. Okla. Stat. tit. 21 § 641
Simple battery is 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 might help better define these concepts.
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; thus, this crime is always a felony.
If you are found guilty of aggravated assault and battery in Oklahoma, you could spend up to a year in county jail or up to five years in prison. You may also be required pay a fine of up to $500 in lieu of or in addition to incarceration. Okla. Stat. tit. 21 § 647
In addition, 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, 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 official, or state peace officer. Such assaults and batteries must be without justifiable cause while the official is performing his or her professional duties.
For example, 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. You could spend life in prison or be sentenced to serve less time depending on the judge or jury’s discretion.
If you maim a law enforcement official, you could spend five years to life in prison. 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
A fine of up to $5,000 can be assessed in either of these situations in lieu of or in addition to prison time.
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 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.
We pride ourselves on providing our clients with excellent representation at reasonable rates.