Assault and battery is typically charged as a misdemeanor in Oklahoma courts.
However, an offender may find himself facing a felony charge and more serious penalties if he is charged with aggravated assault and battery in Okmulgee, Oklahoma.
Defining Aggravated Assault and Battery Oklahoma
The crime of battery itself usually occurs when an offender physically harms another person.
However, if a defendant has caused “great bodily harm” to another, he or she may be charged with aggravated battery.
In Oklahoma, great bodily injury is defined as bone fracture; protracted and obvious disfigurement; protracted loss or impairment of the function of a body part, organ, or mental faculty; or substantial risk of death.
Therefore, even a broken finger can escalate a standard assault and battery charge to aggravated assault and battery.
An assault and battery will also be considered “aggravated” when committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated.
Penalties for Aggravated Assault and Battery
In order to secure a conviction against a defendant accused of aggravated assault and battery Oklahoma, a prosecutor must prove:
1) that an assault and battery occurred
2) upon another person and
3) inflicted great bodily injury.
A guilty conviction of aggravated assault and battery charges in Oklahoma can result in up to five years in the state penitentiary and up to $500 in fines.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or someone you know needs to speak with an Okmulgee criminal defense lawyer regarding an aggravated assault and battery charge, call 918-756-9600 for a low-cost strategy session at Wirth Law Office – Okmulgee.
Or, enter your legal question or concern in the form at the top right of this page, and one of our attorneys will promptly return your message.
