Tulsa, Oklahoma Assault and Battery
You may be surprised to learn that assault and battery are two separate crimes. If they occur together, assault always precedes battery, as it is an intentional attempt to inflict injury on another person. Oklahoma law requires that the attempt include some type of violence in order to differentiate assault. On the other hand, batteryis the intentional and unlawful use of force—of any amount—against another person.
Oklahoma law recognizes two types of assault and battery: domestic assault and battery and non-domestic assault and battery. Domestic assault and battery occurs between people who are currently members of the same household or individuals who are currently or were formerly involved in a romantic relationship. The penalties for domestic assault and battery are more severe than the penalties for non-domestic assault and battery.
Domestic Assault Battery
Depending upon the circumstances of the case, domestic assault and battery can be charged either as a misdemeanor or a felony. A first-offense domestic assault and battery, or a first-offense that occurs in front of a minor child is considered a misdemeanor and can carry a one-year jail sentence and up to a $5,000 fine. A second-offense domestic assault and battery charge, or a first-offense that results in grave bodily injuries will be charged as a felony and will be punishable by up to 10 years in the state prison system. Counseling and/or treatment for anger management will also be required.
Non-Domestic Assault and Battery
Under Oklahoma law, there are four types of non-domestic assault and battery: simple assault, misdemeanor assault and battery, felony assault and battery and aggravated assault and battery. Simple assault—merely threatening to harm someone—may be punished by a $500 fine and up to 30 days in jail. A misdemeanor assault and battery conviction may result in up to 90 days in jail and a fine of up to $1,000. A conviction for felony assault and battery carries with it up to four years in prison and a fine of up to $5,000, plus the consequences that come with having a felony on your record. Finally, aggravated assault and battery may be punished by five years in prison and a fine of up to $500.
Although assault and battery charges are two of the most common crimes in the country, a conviction for either of these crimes will result in serious legal repercussions. If you are facing assault and battery charges, you need a serious defense attorney on your side. The experienced team at the Edge Law Firm can help. Call our office today or fill out our online form to request a free, no-obligation review of your case.