Assault and battery charges are taken very seriously by prosecutors in Oklahoma. Causing bodily harm to others is something that is not taken lightly. Prosecutors may be quick to pursue charges in these types of cases, even if you have a valid defense for your actions. You need an experienced attorney who knows how to defend these cases and who can help defend your rights. If you have been charged with assault or battery in the Oklahoma City area, contact our Oklahoma City criminal defense attorneys at the office of Josh Lee & Associates today for a free case review.
Why Choose Us?
The founding attorney, Joshua A. Lee, at Josh Lee & Associates has over 20 years of experience defending clients in the criminal justice system in Oklahoma. When you have been charged with assault or battery, not everyone wants to take the time to listen to your side of the story. When you contact our office, you will always get the personal attention you deserve. You will have direct access to your attorney, and they will listen empathetically to your story to fully understand the facts of the case. We will work diligently to get you the best possible outcome, so contact our office today to get started.
What Is Assault & Battery?
Most people lump assault and battery together into a single offense; however, they are actually two separate and distinct charges under the Oklahoma Criminal Code. According to the statutes, assault is defined as “any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another” (Oklahoma Statutes §21-641), and battery is defined as “any willful and unlawful use of force or violence upon the person of another” (Oklahoma Statutes §21-642).
The biggest difference here is that assault does not require actual physical contact, while battery includes physical contact. These charges are often brought together, and your attorney can help determine whether both charges are appropriate under the facts of your situation.
What Are the Different Degrees of Assault?
In Oklahoma, assault charges vary in severity depending on the specific circumstances of the incident. The degree of assault often depends on whether physical harm occurred, the intent of the accused, or if a weapon was involved. The most common types of assault charges include:
Simple Assault
Simple assault involves a threat of harm without physical contact. This charge applies when a person intentionally attempts to harm another or causes them to fear imminent harm. Although no physical injury is required, the act must involve an intentional and unlawful attempt to commit violence.
Penalties for simple assault include up to 30 days in jail and fines of up to $500. However, the consequences may increase if the victim is a vulnerable individual, such as a child or elderly person.
Assault and Battery
When threats escalate to physical contact, the offense becomes assault and battery. This charge involves the intentional use of force or violence against another person, causing physical harm or discomfort. Even minor physical contact, such as pushing or shoving, may result in this charge. Penalties for assault and battery typically include up to 90 days in jail and fines of up to $1,000.
Aggravated Assault and Battery
Aggravated assault and battery occurs when the defendant causes severe bodily injury or uses a deadly weapon during the incident. This charge applies when the victim sustains injuries such as broken bones, deep cuts, or permanent disfigurement. Penalties for aggravated assault and battery include imprisonment for up to five years and significant fines.
Domestic Assault and Battery
Domestic assault and battery refers to offenses committed against family members, romantic partners, or household members. This charge includes physical contact intended to harm, intimidate, or control the victim. The penalties are often more severe due to the relationship between the accused and the victim.
Convictions may result in mandatory counseling, restraining orders, or up to one year in jail. In addition, if you are convicted of domestic assault, you may lose your firearm rights and face difficulties with child custody arrangements.
What Should You Do If You’re Arrested for Assault and Battery in Oklahoma City?
If you are arrested for assault and battery in Oklahoma City, taking the right steps can significantly affect the outcome of your case. Understanding your rights and making strategic decisions during and after your arrest is crucial if you are going to build a powerful defense. Below are the steps to take if you are arrested for assault and battery:
- Exercise your right to remain silent under the Fifth Amendment
- Request legal representation
- Document your version of events
- Collect contact information for witnesses
- Avoid posting on social media
- Follow all court orders
Potential Punishments For Assault And Battery
Assault and battery are serious charges, and they are not taken lightly by the criminal justice system in Oklahoma. If convicted, the penalties you face will depend on the severity of the charges, whether it is a misdemeanor or felony offense, and whether any aggravating factors are involved.
In less severe cases, fines for assault and battery can range from $500 to $1,000. Felony convictions may result in much higher fines, often exceeding $10,000, particularly for aggravated charges involving weapons or severe injuries.
Misdemeanor assault and battery charges may result in jail time ranging from 30 days to one year. Felony convictions can lead to imprisonment in state prison for several years, with aggravated assault carrying penalties of up to five years or more. Repeat offenders or individuals with prior violent crime convictions may face enhanced sentencing under Oklahoma’s habitual offender laws.
Defenses To Assault & Battery Charges
There are some situations when the use of force against another person may be justified. The most common defense to a charge of assault or battery is self-defense or defense of others. If you have a reasonable belief that you or someone else is about to be injured by another’s actions, you may be able to use force to stop them. Oklahoma law also lists a few other defenses to these charges in Oklahoma Statutes § 21-643. Some of the most common defenses used in assault and battery cases include:
Self-Defense
Self-defense is a widely recognized legal justification for using force to protect yourself or others from imminent harm. You have the right to use reasonable force if you believe you or someone else is in immediate danger of being harmed by another person. The key to a self-defense claim is demonstrating that your belief in the threat was both genuine and reasonable under the circumstances.
Consent
In some cases, the alleged victim may have consented to the physical contact that led to the charges. For example, mutual combat or consensual physical altercations in a sporting context may fall under this defense. Witness testimony, video footage, or prior agreements can be critical in proving this defense.
Lack of Intent
Assault and battery charges often require proof of intent to harm or threaten another person. If your actions were accidental or misinterpreted, you may be able to challenge the intent element of the prosecution’s case. For example, accidental physical contact during a crowded event or a misstep during a physical activity may not meet the legal definition of assault or battery.
Mistaken Identity
In cases where there is insufficient evidence linking you to the alleged offense, mistaken identity may serve as a viable defense. Eyewitness misidentification or lack of physical evidence can cast doubt on the prosecution’s case.
Your domestic violence defense attorney can challenge the credibility of the evidence or witnesses presented by the prosecution. This defense is particularly effective when there is limited or conflicting testimony about who committed the alleged act. Supporting evidence, such as alibi witnesses or surveillance footage, could strengthen your defense and potentially lead to a dismissal of the charges against you.
Can They Prove You Committed Assault and Battery or Domestic Violence?
The burden of proof lies with the prosecution, and they must demonstrate that the allegations meet the legal standard of beyond a reasonable doubt as described under Oklahoma Statute § 22-836. To prove assault or battery, they must establish the following elements:
- The prosecution must show that you intended to cause harm or create fear of harm.
- Evidence of physical contact (for battery) or an attempt to harm (for assault) must be provided.
- The prosecution must prove that your actions were not legally justified, such as in cases of self-defense.
Our team can challenge the prosecution’s evidence, cross-examine witnesses, and present alternative explanations to cast doubt on the prosecutor’s case.
Contact An Oklahoma City Assault & Battery Attorney Today
If you have been arrested for assault or battery, contact Josh Lee & Associates today. We will sit down with you and go through your side of the story in every detail. Our experienced Oklahoma City assault & battery lawyers can help determine whether the charges against you are appropriate, and we will work tirelessly to put your best defense forward to help you get the outcome you desire. Call us today at (405) 759-5529 for your free consultation and detailed case analysis.
