Understanding the Legal Distinctions of Maiming Charges
I’m Oklahoma lawyer James Wirth. Assault and battery are serious offenses, but when does it become maiming? The answer lies in the intent to cause injury and the resulting permanent disfigurement or serious injury. In Oklahoma, the definition of maiming is more severe than simple assault and battery, and it can result in up to a lifetime imprisonment.
In a recent case, the Oklahoma Court of Criminal Appeals found that a woman who punched someone from behind and caused permanent damage to their face was guilty of maiming. The victim suffered a loss of 90% of vision in one eye and drooping on their face. Although the jury decided to give the defendant two years in prison instead of a potential life sentence, the severity of the injury caused it to be classified as maiming.
What Constitutes Intent to Cause Injury?
To be charged with maiming in Oklahoma, there must be an intent to cause injury. This means that the perpetrator must have intended to cause harm or knew that their actions would likely cause harm. In the case of the woman who punched the victim, the court found that there was intent to cause injury because the defendant kicked the victim while they were on the ground.
The Importance of Permanent Disfigurement or Serious Injury
Intent to cause injury alone is not enough to classify an assault and battery as maiming. The injury must also result in permanent disfigurement or serious injury. This means that the injury must be significant and generally permanent in nature, although it doesn’t have to be completely permanent. If the injury is severe enough to cause permanent damage, it can be classified as maiming.
Contact an Experienced Oklahoma Lawyer for Legal Advice
If you’re facing assault and battery charges in Oklahoma, it’s important to understand the severity of the charges and the potential consequences. The best way to get legal advice specific to your circumstances is to speak with an experienced attorney privately and confidentially.
At Wirth Law Office, we help clients facing criminal charges. To schedule a free consultation with a Tulsa criminal defense attorney at our office, visit makelaweasy.com or call (918) 879-1681. Don’t wait to get the legal help you need.