Aggravated Assault and Battery - Tulsa Trial Attorneys
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First and foremost, call us right away at 918-884-7791. Whenever you get arrested on such a serious charge, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. The police and the DA will be doing everything in their power to gather incriminating evidence. Just like the police, you should have a team gathering evidence and statements from Day 1.
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Assault and Battery - Legal Definition
You can be convicted of Assault if you, willfully and unlawfully attempt or offer with force or violence to do a corporal hurt to another. 21 O.S. 641
You can be convicted of Battery if you, willfully and unlawfully use of force or violence upon the person of another. 21 O.S. 642
Assault and Battery - Elements
No person may be convicted of assault and battery unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(3) use of force or violence;
(4) upon another person. OUJI-CR 4-26
Assault and Battery - Lay Terms
The main difference between assault and battery is this: Assault can be limited to only the threat of harm, while battery is the actual cause of physical harm from one person to another. Oklahoma case law claims that if there is a battery then there must have been an assault. Hall v. State
Aggravated Assault and Battery
This can be considered a felony. An assault and battery becomes aggravated when committed under any of the following circumstances:
When great bodily injury is inflicted upon the person assaulted; or
When committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated. 21 O.S. 646
Great Bodily Injury
For purposes of an Assault and Battery charge, “great bodily injury” means 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. OUJI-CR 4-28
Punishment for Aggravated Assault and Battery
Aggravated assault and battery shall be punished by imprisonment in the State Penitentiary for a maximum of five (5) years, or by imprisonment in a county jail for a maximum one (1) year, or by a maximum fine of Five Hundred Dollars ($500.00), or both such fine and imprisonment. 21. O.S. 647
Other Assault and Battery Charges:
Aggravated Assault and Battery
Domestic Assault and Battery Charges:
Aggravated Assault and Battery Litigation Expertise
You need an attorney who not only knows the law, but also knows how to cross-examine alleged victims and witnesses that have a motive to lie. Let Boeheim Freeman Law’s expertise in cross examination and forensics make the difference in your case.