Understanding the Elements of Assault and Battery
Understanding Assault and Battery under Oklahoma Criminal Law
I am Tulsa lawyer James Wirth. What is assault and battery under Oklahoma criminal law? Well, it is a criminal offense that is similar to other states. It is considered a misdemeanor and can result in up to 90 days in jail. However, if it is a domestic case or aggravated with great bodily injury, it can be classified as a felony. But for simple assault and battery cases, it is a misdemeanor that carries up to 90 days in jail.
The law requires certain elements to be proven to convict someone of assault and battery. According to the jury instructions, the state must prove each element of the crime beyond a reasonable doubt. These elements include willful, unlawful, use of force or violence, and upon another person. In other words, assault and battery is using force or violence upon another person without their consent, resulting in harmful or offensive contact.
The Meaning of Willful and Force in Assault and Battery Cases
The term willful is defined in the statute and does not require any intention to violate the law or to injure another person. This means that the accused doesn’t have to intend to hurt the victim or violate any law to be convicted of assault and battery. Similarly, the word force is defined broadly in the jury instructions as any touching of a person, regardless of how slight it may be, to constitute force. The touching could be brought about directly or indirectly by the accused, making it a broad definition.
It’s important to note that if you’re being accused of assault and battery, you’ll need more information than what we just mentioned in this video. It’s best to talk to an attorney who can provide legal advice specific to your case. For a confidential consultation with someone from our office, visit makelaweasy.com.
Contact an Oklahoma Criminal Defense Attorney for a Strategy Session
If you’re facing an assault and battery charge, don’t hesitate to contact an experienced Oklahoma criminal defense attorney. We understand the seriousness of these charges and can help you navigate the legal system. Take advantage of our initial strategy session by visiting makelaweasy.com. Let us help you fight for your rights!
