Assault charges in Oklahoma come in different types — simple, aggravated, or assault with a dangerous or even deadly weapon. All types of assault in McAlester are considered violent crimes.
Violent crimes take a toll on their victims, often including injury or death. As such, assault charges in Oklahoma are punished harshly.
Simple Assault vs. Assault and Battery
Legally, an assault is an intentional attempt or threat of force or violence against another person. (Okla. Stat. tit.21 § 641) A battery is the intentional and unlawful use of force or violence against another. (Okla. Stat. tit.21 § 642) So, assault is a menacing action that threatens the victim, while battery is the contact.
An assault puts the victim in fear of immediate physical injury. Angry words alone are not enough, but angry words and a threatening gesture such as advancing toward the victim with fists raised would be. And if you continue toward the victim and shove them, making contact, you will have committed a battery — a serious crime in Oklahoma.
Aggravated assault and battery in McAlester is a much more serious crime. The injury to the victim is often greater. It occurs when the victim either suffers great bodily injury such as disfigurement or a fracture, or when the assault and battery is committed by a strong person against a much weaker or incapacitated person. (Okla. Stat. tit.21 § 646)
Adding a Dangerous Weapon
Aggravated assault focuses on the injury to the victim. Assault and battery with a dangerous weapon focuses on the type of weapon used in the assault and battery. It requires that the assailant use either a sharp or dangerous weapon or a firearm. (Okla. Stat. tit.21 § 645) This too is a much more serious crime and carries substantial penalties.
Penalties for Assault Charges in Oklahoma
Simple assault charges in Oklahoma constitute a misdemeanor crime, punishable by a fine of up to $500 and up to 30 days in jail. Adding battery is still a misdemeanor, punishable by a fine of up to $1,000 and/or up to 90 days in jail.
Aggravated assault and battery is a felony in Oklahoma, punishable by up to five years in state prison or up to one year in a county jail, and/or a fine of up to $500. (Okla. Stat. tit.21 § 647)
Assault with a dangerous weapon can land you in prison for up to 10 years on a first offense. If the assault occurs with a deadly weapon, you could face up to life in prison. If you are convicted of assault with a deadly weapon, you will have to serve at least 85% of your sentence before you will become eligible for parole.
Free Consultation: McAlester Criminal Defense Attorney
If you or someone you know is facing assault charges in Oklahoma, please contact a McAlester criminal defense attorney to discuss your available legal options.
Consult with an experienced attorney at the Wirth Law Office – McAlester today, by calling 918-302-9656.
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