Facing assault charges in Oklahoma City is a serious matter. If you’re in this situation, it’s common to feel overwhelmed and frightened about the future: know that having a knowledgeable Oklahoma City lawyer by your side makes all the difference. At Cannon & Associates, we specialize in criminal defense and assault charges defense and have the experience and insight you need for the best possible outcome.
From Your Oklahoma City Lawyer: Assault Charges Defense Basics You Need to Know
The law in Oklahoma City defines two basic types of assault: assault, and assault and battery. Assault occurs when you intentionally attempt to cause bodily harm but don’t actually succeed in doing so. Assault and battery requires physical contact that results in bodily injury. For example, if you throw a punch at someone but don’t hit them, you can still be charged with assault. If you actually hit them, you could be charged with assault and battery.
The seriousness of the charges depends on the specific details of your case, such as whether a weapon was used, the victim’s status (e.g., an elderly person or police officer), or if the victim suffered severe bodily injury.
Potential Penalties for Assault Charges
Assault charges in Oklahoma City range from misdemeanors to felonies. Simple assault charges carry penalties that include up to 30 days jail time, fines of up to $500, or a combination of both. Misdemeanor assault and battery can be punished with up to 90 days in jail and up to $1000 in fines.
Aggravated assault and battery charges (assaulting someone vulnerable, for instance) have a much greater impact and come with lengthier prison sentences upon conviction. Then there’s domestic assault, which can be charged as a felony, and in extreme cases result in fines as high as $20,000 and prison time of 3 to 10 years, depending on whether it’s a repeat offense.
Regardless of the category, however, an assault charge on your record can have a significant negative impact on your life long after you’ve served your sentence, causing problems with employment, housing, and other opportunities. That makes your assault charges defense a serious matter.
Common Mistakes People Make When Facing Assault Charges
When people find themselves the subject of an assault investigation, they often make mistakes that jeopardize their defense. Some of these mistakes include speaking to law enforcement without an attorney, failing to seek legal representation promptly, and trying to handle the situation on their own.
If you are arrested for assault charges, it’s imperative that you exercise your right to remain silent and immediately contact an Oklahoma City lawyer with experience in these matters.
Possible Defenses Against Assault Charges
Oklahoma City law permits a wide range of defenses against assault charges, so the optimal approach for you will depend entirely on the circumstances of your case. Some common defenses include:
- Self-Defense: You were acting to protect yourself from imminent harm
- Defense of Others: You were protecting another person from imminent harm
- Consent: The alleged victim agreed to the physical contact
- Lack of Intent: You did not intend to cause harm or instill fear in someone else
- Accidental Contact: The physical contact was not intentional
- False Accusations: The allegations against you are untrue
Understanding the Prosecutor’s Burden of Proof
In any criminal case, the prosecutor has the burden of proving your guilt beyond a reasonable doubt. This is a very high standard, and one which it’s not always possible to meet.
The prosecutor must establish all of the elements of the alleged assault, and if the prosecutor fails to meet this stringent standard for any reason, your charges may be reduced or even dismissed. Your lawyer will go to work fighting each of the elements and challenging the prosecution’s evidence.
How Your Oklahoma City Lawyer Will Help You
A skilled defense lawyer will start by investigating all the pertinent facts of your case with great care. We will identify any inconsistencies and weaknesses in the state’s case, file motions to suppress illegally obtained evidence, and negotiate with prosecutors for a favorable outcome.
An attorney can also work to minimize your sentencing if you are convicted. In more severe, complex cases, an experienced criminal lawyer may hire investigators and expert witnesses. This can help strengthen your defense. Your lawyer will advise you on your options, answer your questions, and provide you with the support you need every step of the way.
Building a Defense Strategy
Developing a strong defense strategy takes time, careful preparation, experience, and strategic insight. Here’s how your attorney will work to build the strongest possible case in your defense (though bear in mind that the specifics of every case will depend on its own unique circumstances):
Comprehensive Case Analysis
Your lawyer starts by carefully reviewing all the evidence, including police reports, witness statements, and any available video or audio recordings. This provides the foundation to understanding what you’re being charged with, what the prosecution will actually be able to prove, and what areas of weakness you can hit back against.
Evidence Collection
Your attorney will also take a look at the scene of the alleged assault, gather additional evidence if there is any, and possibly also interview any potential witnesses to uncover facts that could play in your favor.
Evaluating Legal Options
Based on the evidence and the specifics of Oklahoma City assault law and what you’re being charged with, your lawyer will next determine the most effective legal strategy. In some cases, the smart move may be negotiating a plea agreement with a potential sentence reduction. In other cases, your lawyer will suggest taking the case to trial or raising viable defenses, such as self-defense or consent.
Attacking the Prosecution’s Case
An accomplished criminal defense attorney can skillfully identify weaknesses in the prosecution’s case, and your attorneys may point this out even before the case goes to trial to encourage the state to offer a good plea bargain or even drop the charges. This could involve highlighting inconsistencies in police reports or witness testimony or challenging the validity of evidence collected.
Preparing for Trial
If taking the case to trial is advisable, your lawyer will work hard to build a persuasive presentation for the judge and jury. This includes crafting powerful opening and closing arguments, preparing all your witnesses, preparing to carefully question the prosecution’s witnesses, and deciding the best way to present your evidence and challenge the prosecution’s.
With the right lawyer on your side, you don’t have to shoulder this burden alone. At Cannon & Associates, we have a strong track record of securing the best possible results for our clients. Our compassionate, dedicated lawyers will thoroughly investigate every aspect of your case to build the strongest possible defense strategy. If you or a loved one are facing assault charges, contact Cannon & Associates right now for help.