Contesting a Charge of Assault in Okmulgee, OK

Even if no one was injured and you were only trying to scare someone, you can be charged with assault in Okmulgee, OK.

Assault charges in Oklahoma do not require actual injury, only that the victim reasonably felt an apprehension of injury.

What is Assault in Okmulgee OK?

Although assault and battery are separate distinct crimes, in order to understand an assault charge, we first must understand the definition of battery.

Assault is always a lesser-included offense of battery, but the converse is obviously not true.

Battery in Oklahoma is defined as any willful and unlawful use of force or violence upon the person of another. It is a harmful or offensive touching; for example, hitting or spitting on someone.

A battery requires actual contact, while assault does not.

Definition of Assault in Okmulgee OK

Assault is defined as an attempted battery, as well as an intentional placing of another in apprehension of receiving an imminent battery. However, an oral threat alone, without an overt act, is insufficient to constitute an assault.

Making a fist with your hand and moving it in a striking motion is an example of an assault. Actually making contact and hitting someone can be treated as an assault and a battery.

An apparent ability to carry out the threat and intent to cause intimidation are necessary elements in the prosecution of the crime of assault in Okmulgee, OK.

Penalties

Assault is generally a misdemeanor crime punishable by up to 30 days in jail, a fine of up to $500, or both. Okla. Stat. tit. 21 § 644

However, if the assault ended in a battery, you may be charged with both assault and battery. Assault and battery is punishable by up to 90 days in jail, a fine of up to $1,000, or both.

However, depending on the injury caused, the identity of the victim, and the type of weapon that was used, you could face serious felony charges in Okmulgee.