Assault and Battery

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Assault Crimes are often a “He said, She said” story. Two people engage in some type of unsolicited or unwarranted contact and charges are brought. These cases carry a strong and negative stigma. A strong legal defense can mean the difference between jail and/or conviction and proving your innocence.

Self Defense is a legal defense to an assault and battery charge. Oklahoma law allows for a person to defend them-self with equal force that is being used against them. (e.g. fist v. fist) However, recognizing that you are in danger and reacting first can often get you in trouble. Whenever law enforcement fails to diligently investigate the situation or even when the other person lies about the incident you can find yourself charged with a crime. This is why hiring the right attorney makes the difference.

Assault: Title 21 § 641 of the Oklahoma Statutes.

An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.

Battery: Title 21 § 642 of the Oklahoma Statutes.

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

However, it is rare either assault or battery is charged individually. The two charges usually go together.  Normally, resulting in a charge of Assault and Battery. This charge alone is often charged as a misdemeanor and carries 30 to 90 days in jail.

Although, fights usually occur between known acquaintances, family members, friends, spouses, significant offers, etc. This is usually charged as: Domestic Assault and Battery. Depending on the facts of the case this charge can be a misdemeanor or a felony and can carry a minimum of 1 year in jail to 20 years in prison.  Additionally the Statute will require a 52 week anger management course.

Assault and Battery with a Dangerous Weapon: Title 21 § 645 of the Oklahoma Statutes.

Every person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon the person of another with any sharp or dangerous weapon, or who, without such cause, shoots at another, with any kind of firearm, air gun, conductive energy weapon or other means whatever, with intent to injure any person, although without the intent to kill such person or to commit any felony, upon conviction is guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years, or by imprisonment in a county jail not exceeding one (1) year.

Assault and Battery with a Deadly Weapon: Title 21 § 652 of the Oklahoma Statutes. (85% crime) This means that a person convicted of this statute will serve a minimum of 85% of their sentence before becoming eligible for parole.

A. Every person who intentionally and wrongfully shoots another with or discharges any kind of firearm, with intent to kill any person, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, shall upon conviction be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life.

B. Every person who uses any vehicle to facilitate the intentional discharge of any kind of firearm, crossbow or other weapon in conscious disregard for the safety of any other person or persons, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, shall upon conviction be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not less than two (2) years nor exceeding life.

C. Any person who commits any assault and battery upon another, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, 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 as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, or in resisting the execution of any legal process, shall upon conviction be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life.

D. The provisions of this section shall not apply to:

1. Acts which cause the death of an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented; or

2. Acts which are committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.

E. Under no circumstances shall 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.