Even if no one was injured, you can be charged with assault and battery Tulsa, Oklahoma. Assault in Oklahoma doesn’t require actual injury, just that the victim reasonably felt apprehension of injury.
Assault and battery Tulsa is generally a misdemeanor crime. However, depending on the injury caused, the identity of the victim, and the type of weapon that was used you could face serious felony charges in Tulsa.
What is Assault and Battery Tulsa?
Although assault and battery are separate distinct crimes, in order to understand an assault charge we must understand a battery.
Assault is always a lesser-included offense of battery, but the converse is obviously not true. (Parks v. State, 14 Okl. Cr. 413, 171 P. 1129 (1918) )
An assault is defined as any willful and unlawful use of force or violence upon the person of another. Okla. Stat. tit. 21 § 641
A battery is a harmful or offensive touching, for example, hitting or spitting on someone. A battery requires actual contact, while assault does not.
Assault is defined as an attempted battery, as well as an intentional placing of another in apprehension of receiving an imminent battery. However, an oral threat alone, without an overt act, is insufficient to constitute an assault.
Making a fist with your hand and moving it in a striking motion is an assault. Actually making contact and hitting someone can be treated as an assault and battery Tulsa.
Possible Penalties
Assault is generally a misdemeanor crime punishable by up to 30 days in jail, a $500 fine, or both. However, if the assault ended in a battery, you may be charged with both assault and battery Tulsa.
Assault and battery is punishable by 90 days in jail, a fine of $1,000, or both.
Assault and battery against a spouse is punishable by a year in jail, up to $5,000 in fines, or both. Okla. Stat. tit. 21 § 644
Aggravated assault and battery Tulsa is punishable by one to five years in prison, a $500 fine, or both. Okla. Stat. tit. 21 § 647
Free Consultation: Tulsa Criminal Defense Attorney
If you or someone you know is accused of assault and battery Tulsa, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Call Wirth Law Office – Tulsa today at 918-756-9600 or toll free at 1-888-447-7262.
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