An assault or battery accusation can quickly become a serious criminal case, especially when someone is injured or a weapon is involved.
If we represent you, we’ll carefully examine the circumstances, the investigation, and the evidence against you to build the strongest defense possible. Whether you’re facing aggravated assault and battery, a dangerous weapon charge, or another related offense, our legal team can help you understand your options and fight for the best possible outcome. Want to see if we’re a good fit? Schedule a free case review with one of our attorneys.
Although the terms are often used together, assault and battery are separate concepts under Oklahoma law. Assault involves a willful and unlawful attempt or threat of force or violence against another person, while battery involves the willful and unlawful use of force or violence against another person.
The severity of the charge depends on factors such as whether physical contact occurred, the extent of injury, whether a weapon was used, and the circumstances surrounding the incident.
Assault and battery allegations can range from relatively minor offenses to serious felony charges carrying substantial prison sentences.
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Assault and battery cases can involve conflicting accounts, questions of intent, and self-defense claims. We evaluate the circumstances and evidence to build the strongest defense possible.
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Assault and battery cases can depend heavily on witness statements, physical evidence, and how the investigation was conducted. We carefully review each to build the strongest defense possible.
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Under 21 O.S. § 646, assault and battery becomes aggravated when great bodily injury is inflicted on the person assaulted. It can also be aggravated when committed by a person of robust health or strength against someone who is aged, decrepit, or incapacitated. Aggravated assault and battery is classified as a B5 felony.
Oklahoma law defines great bodily injury as a bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ, or mental faculty, or a substantial risk of death.
Whether an alleged injury meets this standard can be an important issue in determining whether an assault and battery qualifies as aggravated.
Oklahoma law provides a more serious charge when an assault, battery, or assault and battery is allegedly committed with certain weapons.
Under 21 O.S. § 645, a person may face a B4 felony charge for assault, battery, or assault and battery with a sharp or dangerous weapon when committed with intent to do bodily harm without justifiable or excusable cause.
Oklahoma law also separately addresses assault and battery involving a deadly weapon or other force likely to result in death or great bodily harm. This charge is currently classified as an A3 felony.
These charges often involve questions of the weapon or force used, injuries, intent, and the circumstances surrounding the incident.
Contact us today to speak with an experienced defense attorney about the allegations and your legal options.
The potential consequences depend on the specific charge, the alleged injuries, whether a weapon was involved, the defendant’s criminal history, and other circumstances of the case.
Depending on the charge, consequences may include:
More serious allegations involving great bodily injury or a dangerous or deadly weapon can result in felony charges and significantly longer prison sentences.
Assault and battery cases can depend heavily on the accounts of the people involved and evidence showing what happened before, during, and after the incident.
Depending on the case, evidence may include:
Evidence may help establish whether someone was acting in self-defense, whether the conduct was intentional, or whether witness accounts are consistent with physical evidence.
Contact us today to speak with an experienced criminal defense attorney about your case, your rights, and your options.