ASSAULT & BATTERY
Most assault and battery cases happen in the heat of the moment. There are always two sides to every story. Who started the fight? I had more injuries; why am I charged with the crime? Was it self-defense? These are just some of the questions that I can help you answer. I will work hard to develop any defenses you have to get your charges reduced or even dismissed.
In Oklahoma, there are several different degrees of assault and battery – ranging from misdemeanor to felony charges.
Misdemeanor assault and battery is usually referred to as “Simple A&B.” This is a typical fight where no weapons were used and nobody received any serious injuries.
Domestic Assault and Battery can be a misdemeanor or a felony depending on the circumstances. Learn more about Domestic Assault and Battery.
Assault and Battery with a Dangerous Weapon is always a felony and is charged when one party uses a weapon against the other party. Learn more about Assault and Battery with a Dangerous Weapon.
Assault and Battery with a Deadly Weapon is always a felony and is charged when one party uses a firearm against the other party. This charge can also be filed as Attempted Murder in some circumstances. Learn more about Assault and Battery with a Deadly Weapon.
What is Assault & Battery?
Simply put, assault and battery is when you strike someone. The reason that you strike them is what usually determines whether you are charged with a crime. If you strike someone for no reason or because they just made you mad then you are most likely going to be charged with a crime. If you hit someone because they hit you first then you shouldn’t be charged with a crime even though you did commit an assault and battery. The reason is because you were acting in self-defense. Learn more about self-defense.
Enhancements to Assault & Battery Charges
In Oklahoma, there are many laws that protect specific classes of people. That is especially true with Assault and Battery charges. For instance, if someone commits and assault and battery on a police officer then they will be charged with Assault and Battery on a Police Officer and that charge is a felony. Below is a list of special assault and battery charges that are meant to protect certain classes of people:
- Police Officers (felony or misdemeanor depending on circumstances)
- Jailers (felony or misdemeanor depending on circumstances)
- Elderly or Decrepit people (felony)
- Referee, Umpire, Timekeeper, Coach, or other sports official (misdemeanor)
- EMT or other emergency medical care provider (felony or misdemeanor depending on circumstances)
- Judges, Bailiffs, Court Reporters, Court Clerks or Deputy Court Clerks, Witnesses, or Juror (felony or misdemeanor depending on circumstances)
- School Employee (felony or misdemeanor depending on circumstances)
- Office of Juvenile Affairs Employees and Detention Officers (felony)
POTENTIAL PUNISHMENTS FOR ASSAULT & BATTERY CHARGES
Simple assault and battery is always a misdemeanor in Oklahoma. The punishment for Assault and Battery is up to 90 days in the county jail and/or a fine up to $1,000.
Possible Defenses to Assault & Battery Charges
Anytime there is a fight there is always two sides to the story. Some of the more common defenses to Assault and Battery include:
- Defense of your home, vehicle or business – “Stand your Ground”
- Defense of another
- Mutual combat
If you have been charged with Assault and Battery call now to schedule a free consultation. I will work hard to find all or your possible defenses to try and get your charges reduced or even dismissed. If a trial is your best option I will passionately argue your case to the jury. If pleading guilty is your best option I will negotiate the best plea deal with the prosecutor.