Tulsa Lawyer Explains Oklahoma Assault and Battery Laws
The penalties for assault and battery in Oklahoma depend the type and severity of the assault and battery involved and according to the type of victim involved.
Lawyers in Tulsa see assault and battery in Oklahoma charged as a misdemeanor or as a felony depending upon the type of injury caused, the kind of victim involved, and whether any sort of weapon — dangerous or otherwise — was used.
Oklahoma law protects elderly and frail and family members more by imposing stiffer penalties for assault and battery upon those victims. It also protects pregnant women in domestic abuse cases.
Simple Assault and Battery
The penalty for simple assault in Oklahoma is a jail term is up to 30 days in jail, a fine of up to $500, or both.
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. Okla. Stat. tit. 21 § 644
In Oklahoma, assault is defined as an intentional attempt or intentional threat of force or violence against another. Okla. Stat. tit. 21 § 641
In contrast, battery is defined as the intentional and unlawful use of force or violence against another. Okla. Stat. tit. 21 § 642
Under Oklahoma law, aggravated assault and battery is punishable by up to a year in jail or up to five years in prison. A fine of up to $500 may be assessed in addition to or in lieu of incarceration.
Aggravated assault and battery is defined as an assault and battery 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
Assault and battery often occurs in domestic abuse. Oklahoma law defines domestic abuse as assault and battery upon:
- a spouse or partner;
- a former spouse or partner;
- the spouse or partner of a former spouse or partner;
- a person the abuser is dating or has dated;
- a person the abuser lives with or has lived with;
- a person with whom the abuser has had a child;
- a child or foster child; or
- a parent or foster parent.
All of these people are protected by the imposition of harsh penalties for a person convicted of a violent act against them.
Assault and battery upon a domestic relation is punishable by up to a year in jail, a fine of up to $5,000, or both for a first conviction. A subsequent conviction is punishable by up to four years in prison, a fine of up to $5,000, or both.
However, if the assault and battery causes the victim to suffer grave bodily injury, the offense is chargeable as a felony. Upon conviction, the offender could spend up to a year in jail or up to 10 years in prison.
The crime of assault and battery with the intent to cause grave bodily injury by use of strangulation against a domestic relation is punishable by one to three years in jail, a fine of up to $3,000, or both. These penalties apply 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.
A shooting of a domestic relation is a felony under Oklahoma law, punishable by a life term in prison.
Abuse of a Pregnant Woman
Oklahoma law also protects pregnant women from domestic abuse by imposing harsh penalties.
An assault and battery against a pregnant woman by a perpetrator with knowledge of the pregnancy is a misdemeanor offense punishable by up to a year in jail for the first conviction.
However, any subsequent conviction is treated as a felony punishable by a minimum of 10 years in prison.
If a miscarriage results, the abuser could face up to 20 years in prison.
Free Consultation: Tulsa Defense Lawyer
Many assault and battery charges carry long person sentences in Oklahoma. If charged, it is important that you retain an experienced criminal defense lawyer in Tulsa familiar with the local court system.
To set up a free initial consultation, call the 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.