Assault and Battery - Definitions - Tulsa Trial Attorneys

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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:

(1) willful; 

(2) unlawful; 

(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

Assault and Battery - Definitions

Dangerous Weapon - Any pistol / revolver / dagger / (bowie / dirk / switch-blade / spring-type knife) / (sword cane) / (knife having a blade which opens automatically) / blackjack / (loaded cane) / billy / (hand chain) / (metal knuckles) / (implement likely to produce death or great bodily harm in the manner it is used or attempted to be used).

Deadly Weapon - Any instrument designed or constructed to cause death or great bodily injury. A pistol / revolve r/ dagger / (bowie / dirk / switch-blade / spring-type knife) / (sword cane) / (knife having a blade which opens automatically) / blackjack / (loaded cane)/ billy/ (hand chain) / (metal knuckles) is a deadly weapon.

Decrepit - Physically impaired by old age, physical defects, or infirmities.

Execution of Legal Process - Carrying out or enforcement of a judgment, decision, or order of a court.

Firearm - Weapon from which a shot or projectile is discharged by force of a chemical explosive such as gunpowder. An airgun, such as a carbon dioxide gas-powered air pistol, is not a firearm within the meaning of the definition.

Force - Any touching of a person regardless of how slight may be sufficient to constitute force. Such touching may be brought about directly or indirectly by defendant. 

Great Bodily Injury - (Bone fracture) / (protracted and obvious disfigurement) / (protracted loss / impairment of the function of a (body part) / organ / (mental faculty) / (substantial risk of death).

Intentional - Deliberate; with knowledge of the natural and probable consequences. 

Knowingly - Personally aware of the facts.

Known - With personal awareness of the facts.

Malicious - The term imports a wish to vex, annoy or injure another person.

Procured - Brought about or obtained.

Robust - Having strength or vigorous health. 

Unlawful - Without legal justification.

While in the Performance of His/Her Duties - While acting in relation to law enforcement for the benefit of the general public, regardless of whether or not those acts are performed while "off duty" from the actor's regular police department or law enforcement employment; not including, however, those acts performed off duty for a private employer.

Willful - Purposeful. "Willful" does not require any intent to violate the law, or to injure another, or to acquire any advantage.

Wrongful - Without justification or excuse.

OUJI-CR 4-28

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.  Let Boeheim Freeman Law’s expertise in cross examination and forensics make the difference in your case.

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