Assault And Battery

Assault and battery is the willfull, unlawful, use of force or violence upon another person. In Oklahoma, it is unlawful to use force or violence upon the person of another. Our Tulsa Criminal Attorneys help people who are facing criminal charges. If you have been charged with a battery, read on to learn more or consult our blog for more information.

Punishment for Assault and Battery in Oklahoma

Okla. Stat. tit. 21 § 642

Assault and battery in Oklahoma is punishable by up to ninety (90) days imprisonment in a county jail, and/or a fine of up to $1,000.

Title 21. Crimes and Punishments
Chapter 20 – Assault / Battery
Section 642 – Definition of Battery

A battery is any willful and unlawful use of force or violence upon the person of another.

Title 21. Crimes and Punishments
Chapter 20 – Assault and Battery
Section 644 – Punishment for Assault with a Battery

B. Assault with a battery shall be punishable by imprisonment in a county jail not exceeding ninety (90) days, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

Simple assault and simple battery are misdemeanor crimes in Oklahoma. Oklahoma defines an assault in accordance with both of the common law definitions: an attempt to commit a battery, or the intentional placing of another in apprehension of receiving an immediate battery.

Domestic Abuse

In Oklahoma, a charge of domestic abuse is not treated the same as regular assault and battery. In the statute for battery, the crime for unwanted force or violence in the more private and intimate sense is defined as “domestic abuse”. It is crucial that you seek legal counsel if you think you could face accusations of a domestic abuse. An incident of domestic violence can carry a wide range of penalties in Oklahoma. Furthermore, Oklahoma has special punishments for domestic abusers who have shown a prior pattern of physical abuse.

If it is established that you have a history of domestic violence described in § 644, you can face harsher penalties. A prior pattern of domestic abuse can mean two or more separate incidents, which could include the one you are being charged for currently. The punishments under this situation include imprisonment in the custody of the Department of Corrections for a term of up to ten (10) years or a fine not exceeding $5,000. You can also receive both a fine and prison term. The best thing you can do to avoid these penalties is contact a criminal defense attorney as soon as possible.

Criminal Defense Lawyers Near You

Our criminal defense lawyers have the experience required to get people through those tough times. There’s no need to go in alone. If you are being charged with a felony or misdemeanor in Oklahoma, contact us for a free consultation. Our number is 918-743-2233.