Claremore Defense Lawyers Help You Fight Assault and Battery Charges
Oklahoma firm assists people accused of causing physical harm
Depending on the specific circumstances, an arrest on charges of assault and battery could lead to incarceration and a heavy fine. Before you decide how to proceed, you should speak with a seasoned criminal defense lawyer to learn about your rights and the ways you can combat the charges against you. By retaining Price Law, P.C. in Claremore, you will have a former Oklahoma prosecutor on your side who is committed to achieving the best result possible for you.
Types of assault charges
In Oklahoma, assault and battery are two distinct offenses that are often charged together. Assault is defined as a threat or attempt to use force against someone. Battery is the use of force that causes physical harm to a victim. Accordingly, someone who holds their fist up in a menacing way and then punches them can be convicted of an assault and battery. Specific offenses in this area include:
- Simple assault and battery — These are misdemeanor counts where no aggravating factors exist.
- Aggravated assault and battery — Following an alleged physical attack, charges of aggravated assault and battery can be brought if the victim suffers a serious injury or the purported incident involves a relatively healthy perpetrator and a victim who is elderly, disabled or incapacitated. A serious injury can include broken bones, a long-term brain injury or a disfiguring condition.
- Assault and battery with a dangerous weapon — Using a firearm, knife or another object capable of causing a life-threatening injury qualifies for this serious charge.
- Domestic abuse — Committing an assault or battery against a current or former intimate partner, someone in the same household or a family member fits the definition of domestic abuse under Oklahoma law.
Frequently, officers reporting to a situation where an assault and battery is being alleged misinterpret what has happened or do not realize that the alleged attacker was acting in self-defense. We review the relevant circumstances thoroughly to protect your interests.
What are special victims in assault and battery cases?
Individuals performing certain jobs are given special protection against physical harm under state law. Assault and battery crimes include enhanced penalties when the alleged victim belongs to one of the following groups:
- On-duty law enforcement officers and emergency medical technicians
- Referees, umpires and other sports officials before, during or after a game
- Judges, jurors and court employees if the attack relates to their legal duties
- School employees, along with students engaged in school activities
- Corrections officers in cases where an inmate commits an assault or battery
If you believe that you’re facing an unfair special-victim charge, our criminal defense attorneys will examine the relevant facts to see if the count can be reduced or dismissed.
Penalties under Oklahoma law
Simple assault is a misdemeanor that can be punished by up to 30 days in jail or a $500 fine, while a simple battery conviction could lead to as many as 90 days behind bars and a top fine of $1,000. In cases of domestic abuse, the maximum term of incarceration increases to one year. Felony aggravated assault and battery carries a maximum sentence of five years in prison. For a conviction of assault and battery with a dangerous weapon, the top punishment is usually a 10-year prison sentence. However, special provisions apply in certain cases depending on the victim’s status.
Get a free consultation from an Oklahoma lawyer if you’ve been charged with assault
Price Law, P.C. in Claremore defends Oklahomans who have been accused of assault and other criminal offenses. Please call 866-206-1218 or contact us online for a free consultation where you can learn about your legal rights.
