An Oklahoma aggravated assault and battery charge is a serious matter. Here are some things you might want to know in McAlester, Oklahoma.
Defining Assault and Battery in McAlester
Assault is one crime and battery is another under Oklahoma law. Assault is defined as any intentional attempt or threat of force or violence against another person. (Okla. Stat. tit.21 § 641) An assault is an intentional action that puts the victim in fear of immediate bodily harm.
Angry words alone are not enough to constitute an assault. But if you couple angry words with a threatening gesture, like cocking a fist back in preparation to punch someone, that is an assault. No contact is required for an assault.
A battery is the intentional and unlawful use of force or violence against another person. (Okla. Stat. tit.21 § 642) Contact is required for a battery to occur. If cocking your fist in preparation for a punch is an assault, the punch itself is the battery.
A battery is usually a crime of violence, but even spitting at a person can be a battery. A battery can include any unwelcome or offensive contact.
These two crimes can occur and be charged together as assault and battery. In fact, we commonly think of the two as a single crime. An assault and battery can be simple or aggravated.
Defining Oklahoma Aggravated Assault and Battery
An Oklahoma aggravated assault and battery occurs when the victim either suffers great bodily injury or when the assault and battery is committed by strong or healthy person against a person who is elderly, disabled, or incapacitated in some way. (Okla. Stat. tit.21 § 646)
Under this statute, great bodily injury means a fractured bone, protracted and obvious disfigurement, or a protracted loss or impairment of function of any part of the body or mental capacity. It also includes substantial risk of death.
If any of these types of injuries occur, and the other elements are met, you could be charged with aggravated assault. Aggravated assault focuses on the injury to the victim.
Assault and battery with a dangerous weapon is different in that it focuses on the type of weapon used in the assault and battery. Assault and battery with a dangerous weapon requires that the assailant use a sharp or dangerous weapon or a firearm. (Okla. Stat. tit.21 § 645)
An Oklahoma aggravated assault and battery charge is a felony crime. It is punishable by up to five years in the State Penitentiary or by up to one year in a county jail, and/or a fine of up to $500. (Okla. Stat. tit.21 § 647)
Free Consultation: McAlester Criminal Defense Attorney
If you or someone you know is facing an Oklahoma aggravated assault and battery charge, 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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