Tulsa Lawyer Explains Oklahoma Assault and Battery Laws
In Oklahoma, 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 the 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 in of up to 30 days and/or a fine up to $500. Okla. Stat. tit. 21 § 644. In contrast, the penalty for a simple assault and battery includes a jail term of up to 90 days and/or a fine of up to $1000.
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 5 years in the State Penitentiary or up to 1 year in the county jail and/or a fine of up to $500. Okla. Stat. tit. 21 § 646.
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. Oklahoma law protects the frail and elderly by imposing stiff penalties.
Penalties for Assault and Battery in Domestic Abuse
Assault and battery often occurs in domestic abuse. Oklahoma law defines domestic abuse as assault and battery upon a spouse or partner, former spouse or partner or their spouse or partner, upon a parent or foster parent, child or foster child, a person that the abuser is dating or has dated, a person the abuser lives with or has lived with, or upon a person with whom that person has had a child. All of these people are protected by the imposition of harsh penalties for a person convicted of a violent act against them.
The penalties for assault and battery in a domestic situation are severe. An assault and battery upon a domestic relation is punishable by a jail term up to 1 year and/or a fine up to $5000 for a first conviction. A subsequent conviction is punishable by up to 4 years in jail and/or a fine up to $5000. Okla. Stat. tit. 21 § 644.
If however, the assault and battery causes the victim to suffer grave bodily injury, the offense is chargeable as a felony punishable by a prison term of up to 10 years with the Department of Corrections, or in the county jail for up to 1 year. Okla. Stat. tit. 21 § 646.
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 a jail term of from 1-3 years and/or a fine up to $3000 for the first conviction. A subsequent conviction is punishable by a jail term of 3-10 years and/or a fine up to $20,000. Okla. Stat. tit. 21 § 644.
A shooting of a domestic relation is a felony under Oklahoma law, punishable by a life term in prison.
Domestic Abuse Against 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 1 year in jail for the first conviction. However, any subsequent conviction is treated as a felony punishable by a jail term of not less than 10 years. If a miscarriage results, the abuser could face up to 20 years in prison. Okla. Stat. tit. 21 § 644.
Free Consultation With a 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 local court system.
To set up a free initial consultation, call the Wirth Law Office Tulsa attorneys at (918) 879-1681 (or toll free at (888) Wirth-Law) or submit the question form at the top right of this page.