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Assault and Battery Criminal Defense in OK

Assault and battery in Oklahoma are two criminal charges that are treated harshly not only by the legislature but also the courts in certain circumstances. Much depends on the amount of damage done and any presence of a pre-existing mental state, but one would certainly do well to avoid these charges if possible.

If you or someone you love is facing charges of assault and battery, you need to contact the criminal defense lawyers at Atkins & Markoff immediately to schedule an initial consultation. It’s never too soon to begin building your defense, and the longer you wait the worse the situation could potentially get. In the meantime, below is a brief overview of assault and battery in Oklahoma.

Assault and Battery Charges in Oklahoma – Statutes

Assault and battery are broken down and codified separately in the statutes, and below is a definition of each:

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

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

As you see, the biggest difference between assault and battery in Oklahoma is whether or not actual physical contact was made. If so, it would be a battery, and if not, an assault would be alleged.

Affirmative Criminal Defenses for Assault and Battery

Clearly, and assault and battery situation depends on the facts, and the Oklahoma legislature took this into account by way of passing a statute that defines six instances in which the use of force is lawful. They appear below:

  1. When necessarily committed by a public officer in the performance of any legal duty, or by any other person assisting such officer or acting by such officer's direction;
  2. When necessarily committed by any person in arresting one who has committed any felony, and delivering such person to a public officer competent to receive such person in custody;
  3. When committed either by the person about to be injured, or by any other person in such person's aid or defense, in preventing or attempting to prevent an offense against such person, or any trespass or other unlawful interference with real or personal property in such person's lawful possession; provided the force or violence used is not more than sufficient to prevent such offense;
  4. When committed by a parent or the authorized agent of any parent, or by any guardian, master or teacher, in the exercise of a lawful authority to restrain or correct such person's child, ward, apprentice or scholar;
  5. When committed by a carrier of passengers, or the authorized agents or servants of such carrier, or by any person assisting them at their request, in expelling from any carriage, railroad car, vessel or other vehicle, any passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers; and
  6. When committed by any person in preventing a person who is impaired by reason of mental retardation or developmental an act dangerous to such person's self or to another, or enforcing such restraint as is necessary for the protection of the person or for restoration to health, during such period only as shall be necessary to obtain legal authority for the restraint or custody of the person.

Punishments for Assault and Battery in Oklahoma

The punishments for a conviction of assault and battery in Oklahoma vary wildly, depending on whether the defendant is convicted of assault or battery, assault and battery, aggravated assault and/or battery or domestic assault and/or battery. Some of these charges are misdemeanors and will require either minimal time in jail or a fine, while aggravated domestic battery can face years in prison.

 Serious Oklahoma City Assault Criminal Defense

As you see, assault and battery charges depend largely on the facts surrounding the situation and the mental state and intentions of the defendant. If you are facing assault and battery charges in Oklahoma, you need to contact Privett Law immediately to schedule an initial consultation and to begin the process of building your Constitutionally-guaranteed defense.