Sometimes failing to stay calm in a heated situation can lead to serious consequences.
This is especially true if you are facing assault and battery charges in Oklahoma.
If you or someone you know has been charged with this crime, contact an experienced Okmulgee battery defense attorney today.
Understanding Assault and Battery Charges in Oklahoma
Assault and battery are usually charged together, but assault can also be separate from battery.
Oklahoma law defines assault as any willful and unlawful attempt to use force or violence to physically harm another person.
Therefore, no harm is required to be charged with assault because the attempt is enough, as long as they reasonably believed injury was imminent.
Battery, on the other hand, is any willful and unlawful use of force or violence upon the person of another.
To be charged with battery, you must have actually come into violent contact with another. Any non-consensual, offensive touching suffices as proof of “force.”
If anyone has committed battery, they have also committed assault.
Assault and Battery Defenses
Proving that an assault and battery occurred usually just requires the testimony of the victim and other corroborating evidence.
The crime becomes more difficult to prove if the victim somehow consented to the force.
Penalties
Assault alone is a misdemeanor crime punishable with a $500 fine and up to 30 days in county jail.
Assault and battery together, on the other hand, can result in a 90 day sentence in county jail and a $1,000 fine.
If a defendant has been charged with domestic assault and battery (domestic violence), they may be required to serve one year in county jail and a $5,000 fine.
Low-cost Consultation: Okmulgee Battery Defense Lawyer
A guilty conviction of assault and battery can disrupt your life with jail time and financial setbacks.
If you or someone you know faces assault and battery charges in Oklahoma, 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.
