A charge of assault and battery usually follows a fight or physical use of force against another person.
Although assault and battery is usually a misdemeanor crime, aggravated assault in Oklahoma can carry much larger penalties and land you in jail. This offense is legally termed as aggravated assault and battery, and can be constituted as a felony crime.
Defining Aggravated Assault in Oklahoma
Although most battery can cause injury to another person, the crime becomes “aggravated” if a victim suffers “great bodily injury.”
The state of Oklahoma defines great bodily injury as bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or substantial risk of death.
Therefore, even a broken nose can escalate a standard assault and battery charge to aggravated assault and battery.
Aggravated assault and battery also occurs when committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated. (Ok. Stat. Tit. 21 Sec. 646).
Punishing Aggravated Assault and Battery
In order to secure a conviction against a defendant accused of aggravated assault and battery, a prosecutor must prove:
1) that an assault and battery occurred
2) upon another person and
3) inflicted great bodily injury.
Anyone found guilty of aggravated assault in Oklahoma faces up to five years in the state penitentiary and up to $500 in fines. (Ok. Stat. Tit. 21 Sec. 647).
Free Consultation: Tulsa Assault Defense Lawyer
A charge of aggravated assault and battery in Tulsa can result in jail time and hundreds of dollars in fines.
If you or someone you know is faced with this charge, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Consult with an experienced attorney at the Tulsa Criminal Defense Law Firm today at 918-256-3400, or toll-free at 1-888-447-7262.