As far as violent crimes are concerned assault and battery is one of the most common crimes in the United States. In Oklahoma Assault and Battery can be separate or dual crimes. This is often a confusing topic to people who are facing charges on one or the other. For example, assault cannot include a battery, but a battery can include an assault. However, there are distinct differences between the two. Read on to get a better understanding of what you may be facing.
Assault vs. Battery:
Okla. Stat. tit. 21 §641 defines assault. First, the assault must be a willful act that you know and intend to do. Second, the act must also be unlawful. Finally, an assault must be a threat or attempt to do bodily harm to another. However, no actual physical contact occurs. Examples of assault are: moving toward another with a closed fist, threatening harm on another, intentionally frightening someone to make them believe they are in imminent harm.
Conversely, battery is defined differently. Okla. Stat. tit. 21 §642 defines battery. It includes the willful and intentional act of physically harming another person. The person harming to victim must also have unlawful motives and use violence or force. Physical contact must occur and some sort of injury must result. Examples of battery include: punching someone, shoving someone down in a heated argument, hitting someone with an object (especially if you intend to harm with the object), and many more.
So, the difference between assault and battery is well defined. Assault is putting a person in fear of a battery, while a battery is actually making physical contact.
Penalties for Assault and Battery:
An assault is generally a misdemeanor crime. This regularly includes a minimal jail sentence of 30 days or a fine a $500. In some situations both penalties may occur. Battery however, is more complicated. A simple battery may only increase the misdemeanor assault to 90 days in jail and a $1000. However, depending on the seriousness of the battery, you may be facing felony charges. This is especially true if the battery is against a romantic partner, peace officers, medical personnel, or on-duty school staff.
Assault and Battery Lawyers in Tulsa County:
If you’ve been charged with assault or assault and battery in Tulsa County we want to help you. Its not enough for the State to simply charge you with the crime they have to prove each and every element of the crime. That means they must have a victim of the crime and this witness must testify that you committed the crime. This means they have to prove an intentional act on you part that caused harm or immediate risk of harm to the other person. Serious criminal charges require serious criminal law representation. Call 918-379-8684 our Tulsa County criminal defense attorneys for a free consultation.