Aggravated Assault and Battery
Not all cases of assault and battery are created equal. A person may be guilty of aggravated assault if he or she causes great bodily harm to the victim. “Great bodily harm,” per case law, means harm more than bruises or cuts and may include broken bones, impaired use of body parts, disfigurement, or substantial risk of death. Penalties for aggravated assault are more severe than those associated with simple assault or battery.
Oklahoma does not just consider extreme injury as an aggravating factor. Charges may go from simple to aggravated if a person commits assault or battery against another person who is one of the following:
- Law enforcement officers who are on duty;
- Sports officials (umpires and referees);
- Judges, jurors, or court officials;
- Emergency medical providers who are on duty;
- School employees or officials who are engaged in performing their duties;
- Corrections officers who are on duty; and
- Elderly persons.
When a person commits assault or battery against one of the aforementioned individuals, the state may charge the offender with a separate crime. The offender will then be subject to more serious consequences that may include but not be limited to longer jail sentences and higher fines.
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Misdemeanor assault and/or battery in Oklahoma, is punishable by up to 90 days in jail and a $1,000 fine. Simple assault without battery is punishable by up to 30 days in jail and a $500 fine. Aggravated assault and battery, on the other hand, carries much harsher punishments. If convicted, a person faces up to five years in prison and a $500 fine. Felony assault and battery carries a prison sentence up to four years and a $5,000 fine.
Contact a Ponca City Assault and Battery Defense Lawyer
As you can see, the consequences of assault and battery in Oklahoma always entail jail time and fines. It is unlikely that, if convicted, the state will let you off easy and waive the prison sentence or the fee. For this reason, it is essential to allow a Ponca City assault and battery defense attorney fight on your behalf to have the charges reduced or dismissed. An aggressive defense may be your only option for preventing detainment and significant financial consequences. Contact BDIW Law to learn more about how we can help you.
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