Assault and Battery - Tulsa Trial Attorneys
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Time is of the Essence When Picking the Best Tulsa Criminal Defense Attorney:
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.
Don’t talk and don’t give a statement.
Don’t talk to people in Jail, or to family over the phone about your case.
Every minute you go without an experienced attorney puts you at risk.
Don’t hire just any attorney. make sure they are a successful Trial Attorney.
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 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
Punishment for Misdemeanor Assault and Battery
Misdemeanor Assault shall be punishable by imprisonment in a county jail not exceeding thirty (30) days, or by a fine of not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
Assault and battery shall be punishable by imprisonment in a county jail not exceeding ninety (90) days, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
For more on punishment for assault and battery, click here (21 O.S. 644)
Other Assault and Battery Charges:
Domestic Assault and Battery Charges:
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. Just because this is a misdemeanor, don’t take this lightly. Let Boeheim Freeman Law’s expertise in cross-examination, forensic evidence, and the rules of evidence make the difference in your case.