What Is Assault In Oklahoma?
Assault in Oklahoma is defined in 21 OS § 641 as any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another. The punishment for assault is in 21 OS § 644. Simple assault is a misdemeanor punishable by imprisonment in a county jail for up to 30 days, or by a fine of not more than $500, or by both such fine and imprisonment.
What Is Battery In Oklahoma?
Battery in Oklahoma is defined in 21 OS § 642 as any willful and unlawful use of force or violence upon the person of another. The punishment for assault and battery is defined in 21 OS § 644. It’s a misdemeanor punishable by imprisonment in a county jail for up to 90 days, or by a fine of not more than $1,000, or by both fine and imprisonment.
What Determines Whether An Assault Charge Is A Felony Or A Misdemeanor?
“Simple” assault and “simple” assault and battery are considered misdemeanors. It is a felony when somebody uses a weapon or when the crime is committed with the intent to do some greater harm.
21 OS § 653 defines assault with intent to kill. Somebody who is found guilty of assault with intent to kill can be imprisoned for up to five years in the Department of Corrections or spend up to one year in the county jail. The maximum fine is $500.
21 OS § 681 covers assault with intent to commit a felony. Somebody who is found guilty of assault with the intent to commit a felony can be imprisoned for up to five years in the Department of Corrections or spend up to one year in the county jail. The maximum fine is $500.
Does A Victim Need To Be Injured For An Assault Or Battery Charge To Have Occurred?
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.
What Factors Aggravate Or Enhance An Assault Charge?
21 OS § 646 covers aggravated assault and battery. An assault and battery becomes aggravated when it is committed under any of the following circumstances: 1) when great bodily injury is inflicted upon the person assaulted, or 2) 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. The punishment for aggravated assault and battery, per 21 OS § 647, is imprisonment for up to five years in the Department of Corrections, up to one year in the county jail, a fine of up to $500, or by both fine and imprisonment.
What Is Assault And Battery with A Dangerous Weapon?
Assault and battery with a dangerous weapon is defined in 21 OS § 645. Any person who, with the intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon a person or another with any sharp or dangerous weapon, or who 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 can be found guilty of assault and battery with a dangerous weapon. Punishment can be imprisonment in the Department of Corrections for up to ten years or up to one year in a county jail.
For more information on Assault & Battery Charges In Oklahoma, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.
Current as of June 17, 2017.