Understanding the Distinctions of Maiming Charges
Understanding Maiming under Oklahoma Criminal Law
This is James Wirth. As a Tulsa Attorney, I’ve been asked about maiming under Oklahoma criminal law. This question arises from a recent case decided by the Oklahoma Court of Criminal Appeals. It’s important to note that maiming is a serious offense and carries severe penalties. In this section, we’ll discuss the differences between simple assault and battery, aggravated assault and battery, and maiming.
The Definition of Maiming
According to the jury instructions, no person may be convicted of maiming unless the state has proved each element of the crime beyond a reasonable doubt. These elements include:
- Infliction upon another
- Physical injury that disables, disfigures, or seriously diminishes physical vigor
- Performed with the intent to cause any injury
Therefore, unlike a regular assault and battery, maiming requires intent to cause a physical injury that disfigures, disables, or seriously diminishes physical vigor. The injury must also be somewhat permanent. It doesn’t have to be lifelong and permanent, but it cannot resolve before the case would get to trial.
Differences between Maiming, Aggravated Assault & Battery, and Simple Assault & Battery
If an individual intends to punch someone and give them a black eye, but instead gives them a more serious injury, such as a bone fracture, they can be charged with aggravated assault and battery. This carries a penalty of up to five years in prison. However, if the injury is temporary and heals before the case goes to trial, it’s not considered maiming.
If someone punches another and causes their eye to come out of its socket and causes visual damage that’s permanent, that’s where they have a maiming case. Punishment for maiming can range from zero to life imprisonment for a first offense.
Schedule a Strategy Session
If you’re facing an allegation of maiming or any other crime, it’s crucial to seek legal advice. To schedule a private, and confidential consultation with an Oklahoma criminal defense attorney from my office, visit makelaweasy.com.
