There are a variety of assault & battery type crimes in Oklahoma. They are: Assault With Intent to Kill, Assault With Intent to Commit a Felony, Aggravated Assault & Battery, Assault And Battery with a Dangerous Weapon, Assault & Battery With a Deadly Weapon, Assault With a Dangerous Weapon While Masked or Disguised, Assault and Battery Upon Emergency Medical Care Provider, Aggravated Assault and Battery or Assault with Firearm upon Emergency Medical Technician or Care Provider, Interference with Emergency Medical Technicians or Care Providers, Assault on Employee by Parent or Student, Aggravated Assault on a School Employee, Assault and Battery upon Referee, Umpire, Timekeeper, Coach, or Other Sporting Official, and Assault & Battery on State Employees (prison guards, DHS, and OJA). For domestic violence crimes, go here. Assaults on a police officer are here.
Assault
Assault in Oklahoma is defined as any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.
This crime is a misdemeanor. The maximum punishment in jail is 30 days. The maximum fine is $500.
Charged with Assault in Oklahoma? Get a free case consultation.
Source: 21 O.S. § 641
Assault & Battery
Battery in Oklahoma is defined as any willful and unlawful use of force or violence upon the person of another.
This crime is a misdemeanor. The maximum punishment in jail is 90 days. The maximum fine is $1,000.
Charged with Assault & Battery in Oklahoma? Get a free case consultation.
Source: 21 O.S. § 642
Assault With Intent to Kill
This crime is a felony. The maximum punishment in the Department of Corrections is five years. The maximum punishment in jail is one year. The maximum fine is $500.
Charged with petit larceny in Oklahoma? Get a free case consultation.
Source: 21 O.S. § 653
Assault With Intent to Commit a Felony
This crime is a felony. The maximum punishment in the Department of Corrections is five years. The maximum punishment in jail is one year. The maximum fine is $500.
Charged with Assault With Intent to Commit a Felony in Oklahoma? Get a free case consultation.
Source: 21 O.S. § 681
Aggravated Assault & Battery
An assault and battery becomes aggravated when it is committed under any of the following circumstances:
- when great bodily injury is inflicted upon the person assaulted, or
- when committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated. Great bodily injury is defined as a bone fracture protracted in obvious disfigurement, protracted loss or impairment of the function of a body part, organ, or mental faculty, or substantial risk of death.
This crime is a felony. The maximum punishment in the Department of Corrections is five years. The maximum punishment in jail is one year. The maximum fine is $500.
Charged with Aggravated Assault & Battery in Oklahoma? Get a free case consultation.
Assault And Battery with a Dangerous Weapon
This crime occurs if you commit any assault, battery, or assault and battery upon a person or another with:
- any sharp or dangerous weapon, or
- without such cause shoots another with any kind of
- firearm,
- air gun,
- conductive energy weapon, or
- other means, with the intent to injure any person
with the intent to do bodily harm and without justifiable or excusable cause.
This crime is a felony. The maximum punishment in the Department of Corrections is ten years. The maximum punishment in jail is one year.
“Dangerous Weapon” is any pistol/revolver/dagger/(bowie/dirk/switch-blade/spring-type knife)/(sword cane)/(knife having a blade that opens automatically)/blackjack/(loaded cane)/billy/(hand chain)/(metal knuckles)/(implement likely to produce death or great bodily harm in the manner it is used or attempted to be used).
Charged with Assault And Battery with a Dangerous Weapon in Oklahoma? Get a free case consultation.
Source: 21 O.S. § 645
Assault & Battery With a Deadly Weapon
It’s illegal to commits an assault and battery upon another, including an unborn child, by means of any deadly weapon, or by such other means or force as is likely to produce death, or in any manner attempts to kill another, including an unborn child, or in resisting the execution of any legal process,
This crime is a felony. The maximum punishment in the Department of Corrections is life.
This law doesn’t apply to:
- Acts that cause the death of an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented; or
- Acts that are committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
“Deadly Weapon” is any instrument designed or constructed to cause death or great bodily injury.
Great Bodily Injury” is any bone fracture, protracted and obvious disfigurement, protracted loss/impairment of the function of a body part/organ/mental faculty or substantial risk of death.
Under no circumstances will the mother of the unborn child be prosecuted for causing the death of the unborn child unless the mother has committed a crime that caused the death of the unborn child.
Charged with Assault & Battery With a Deadly Weapon in Oklahoma? Get a free case consultation.
Source: 21 O.S. § 652
Assault With a Dangerous Weapon While Masked or Disguised
It’s illegal to assault another with a dangerous weapon or other instrument of punishment while wearing a mask or disguise.
This crime is a felony. The range of punishment in the Department of Corrections is 5-20 years. The range of fine is $100-$500.
Charged with Assault With a Dangerous Weapon While Masked or Disguised in Oklahoma? Get a free case consultation.
Source: 21 O.S. § 1303
Assault and Battery Upon Emergency Medical Care Provider
It’s illegal to, without justifiable or excusable cause and with intent to do bodily harm, commit any assault, battery, or assault and battery upon the person of an emergency medical care provider who is performing medical care duties.
“Emergency medical care provider” means doctors, residents, interns, nurses, nurses’ aides, ambulance attendants and operators, paramedics, emergency medical technicians, and members of a hospital security force.
This crime is a felony. The maximum punishment in the Department of Corrections is two years. The maximum fine is $1,000.
Charged with Assault and Battery Upon Emergency Medical Care Provider in Oklahoma? Get a free case consultation.
Source: 21 O.S. § 650.4
Aggravated Assault and Battery or Assault with Firearm upon Emergency Medical Technician or Care Provider
It’s illegal to, without justifiable or excusable cause and with intent to do bodily harm, commits any aggravated assault and battery or any assault with a firearm or other deadly weapon upon the person of an emergency medical technician or other emergency medical care provider.
This crime is a felony. The maximum punishment in the Department of Corrections is one year . The maximum fine is $1,000.
Charged with Aggravated Assault and Battery or Assault with Firearm upon Emergency Medical Technician or Care Provider in Oklahoma? Get a free case consultation.
Source: 21 O.S. § 650.5
Interference with Emergency Medical Technicians or Care Providers
It’s illegal to willfully delays, obstructs, or in any way interfere with an emergency medical technician or other emergency medical care provider in the performance of or attempt to perform emergency medical care and treatment or in going to or returning from the scene of a medical emergency
This crime is a misdemeanor. The maximum punishment in jail is six months. The maximum fine is $500.
Charged with Interference with Emergency Medical Technicians or Care Providers in Oklahoma? Get a free case consultation.
Source: 21 O.S. § 650.3
Assault on School Employee by Parent or Student
It’s illegal to,without justifiable or excusable cause, commit an assault, battery, or assault and battery upon the person of a school employee while that employee is in the performance of any duties as a school employee or upon any student while that student is participating in any school activity or attending classes on school property during school hours.
“School employee” means a teacher, principal, or any duly appointed person employed by a school system or employees of a firm contracting with a school system for any purpose, including any personnel not directly related to the teaching process and school board members during school board meetings.
This crime is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $2,000.
Aggravated Assault on a School Employee
It’s illegal to, without justifiable or excusable cause, commit an aggravated battery or aggravated assault and battery upon the person of a school employee while that employee is in the performance of any duties as a school employee.
This crime is a felony. The maximum punishment in the Department of Corrections is two years. The maximum fine is $5,000.
Charged with Assault on School Employee by Parent or Student in Oklahoma? Get a free case consultation.
Source: 21 O.S. § 650.7
Assault and Battery upon Referee, Umpire, Timekeeper, Coach, or Other Sporting Official
It’s illegal to, without justifiable or excusable cause and with intent to do bodily harm, commit an assault, battery, or assault and battery upon the person of a referee, umpire, timekeeper, coach, official, or any person having authority in connection with any amateur or professional athletic contest.
This crime is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $1,000.
Charged with Assault and Battery upon Referee, Umpire, Timekeeper, Coach, or Other Sporting Official in Oklahoma? Get a free case consultation.
Source: 21 O.S. § 650.1
Assault & Battery on State Employees
Prison Guards
It’s illegal for someone in the custody of the Oklahoma Department of Corrections to, without justifiable or excusable cause, knowingly commit an assault, battery, or assault and battery upon the person of a Department of Corrections employee while that employee is in the performance of his or her duties s
This crime is a felony. The maximum punishment in the Department of Corrections is two years. The maximum fine is $1,000.
It’s illegal for any person incarcerated in an institution operated by a private prison contractor to, without justifiable or excusable cause, knowingly commits an assault, battery, or assault and battery upon the person of an employee of the contractor while that employee is in the performance of duties shall
This crime is a felony. The maximum punishment in the Department of Corrections is two years. The maximum fine is $1,000.
Department of Human Services – DHS
It’s illegal for any person in the custody of the Department of Human Services to, without justifiable or excusable cause, knowingly commit any aggravated assault and battery upon the person of a DHS employee, or a person contracting with DHS to provide services, while the employee or contractor is in the performance of his or her duties
This crime is a felony. The maximum punishment in the Department of Corrections is two years. The maximum fine is $1,000.
Source: 21 O.S. § 650.2
Office of Juvenile Affairs – OJA
It’s illegal for any person in the custody of the Office of Juvenile Affairs who, without justifiable or excusable cause, knowingly commits an assault, battery, or assault and battery upon the person of an OJA employee while that employee is in the performance of his or her duties.
This crime is a felony. The maximum punishment in the Department of Corrections is two years. The maximum fine is $1,000.
It’s illegal for anyone in the custody of the Office of Juvenile Affairs who, without justifiable or excusable cause, knowingly commits a battery or assault and battery resulting in bodily injury to any employee of OJA or employee of any residential facility while that employee is in the performance of duties of employment.
Charged with Assault & Battery on a State Employee in Oklahoma? Get a free case consultation.
This crime is a felony. The range of fine is $500-$5000.
Does a Victim Need to be Injured?
Generally a victim doesn’t have to be injured or harmed for a battery to occur. What is required is offensive contact. Even though contact is generally not necessary for an assault offense, assault still requires some sort of criminal act. Typically this act must be overt and has to put a reasonable person in fear for their safety. Spoken words alone aren’t enough of an act to constitute an assault unless the offender backs them up with an act or action that put the victim in a reasonable fear of imminent harm.
How Intent Affects an Assault & Battery Charge
An individual needs to have only general intent to commit an assault. It’s not possible to accidentally assault another person. The offender must intend the actions that made up an assault. If an individual acts in a way that’s considered dangerous to other people, then that can be enough to support assault charges. It doesn’t matter if they didn’t intend a particular harm to an individual. An intent to scare of frighten somebody could possibly be enough to establish assault charges.
Battery generally doesn’t require any intent to harm the victim. Someone needs to only have an intent to contact or cause contact with another individual. If somebody acts in a criminally reckless or negligent way that results in such contact, then an assault may have occurred. Keep in mind that accidentally bumping into somebody, even if the victim considers it to be offensive, does not constitute a battery.
Defense Strategies Used in Assault & Battery Cases
Current as of April 9, 2020. Laws are subject to change at any time. See the linked statutes above for the most current law.