Assault and battery charges in Oklahoma can have far-reaching consequences, impacting not only your legal standing but also your personal relationships and future opportunities. Assault involves an intentional attempt or threat of physical harm, while battery refers to the actual physical contact or harm inflicted on another person.
When these actions occur between family members or intimate partners, they are categorized as domestic assault and battery, carrying enhanced penalties and legal consequences. Convictions can result in jail time, fines, and a permanent criminal record, impacting a person’s future opportunities.
An often overlooked aspect of assault and battery charges is their potential impact on family dynamics. Even if the charges are eventually dismissed or reduced, the stigma, as well as the financial and emotional turmoil, can strain relationships and lead to long-lasting consequences. It’s essential to consider not only the legal implications but also the potential effects on your family and loved ones.
LEGAL CHARGES AND PENALTIES
Assault and battery can result in serious legal consequences in Oklahoma.
Simple assault, simple battery, and battery are classified as misdemeanors in Oklahoma.
Assault can be charged as a misdemeanor or felony, depending on factors like weapon use or intent to cause harm.
Battery varies in severity. Simple battery has lighter penalties, while aggravated battery, especially if it causes serious injury, can result in serious prison time.
If convicted of simple assault, the offender could face up to 30 days in jail, a fine up to $500, or both.
For simple assault and battery, the penalty could be up to 90 days in jail, a fine of up to $1,000, or both.
UNDERSTANDING LEGITIMATE DEFENSES
If you’re facing assault and battery charges, here are the several defenses you can use:
- Self-Defense: You can claim self-defense if you faced a genuine threat and had a reasonable fear of harm. You must demonstrate that your response was appropriate and that you had no other way to escape.
- Defense of Others: This applies when you use force to protect someone else. Your actions must be reasonable and proportional to the threat.
- Defense of Property: You can use minimal force to protect your property from damage or theft, but excessive force or causing injury is not allowed.
- Lack of Intent: This defense argues that you did not intend to commit a crime. For example, accidentally bumping into someone would not qualify as assault or battery.
- Consent: If a person agrees to physical contact, it cannot be considered battery. This is often applicable in sports or activities where physical contact is expected.
- False Accusation: Sometimes charges arise from false claims. Evidence like witness statements or video footage can help support your defense.
Beyond the standard defenses, there are additional nuances to consider when facing assault and battery charges:
- The Role of Alcohol or Drugs: If substance abuse was involved, your attorney may explore how intoxication affected your judgment or actions.
- Provocation: In some cases, the victim’s behavior may have provoked the assault. However, this defense is often difficult to prove and requires careful evaluation.
- Heat of Passion: This defense applies when a crime is committed in a moment of intense anger or rage, but it has specific requirements and limitations.
WHAT TO DO IF YOU’RE FACING CHARGES
If you are facing assault and battery charges, here are some key steps to follow:
- Remain Silent: Avoid speaking to the police without your attorney present.
- Contact an Attorney: An experienced criminal defense lawyer can evaluate your case, explain your legal options, determine the best defense strategy, and fight for your rights. By understanding your legal rights and the potential defenses available, you can navigate this challenging situation with more confidence.
- Gather Evidence: If you have any evidence that supports your case, such as witnesses or videos, provide it to your lawyer.
In Oklahoma, even minor incidents can lead to severe charges, as the state takes domestic violence very seriously. It’s crucial to understand the legal definitions and the potential consequences of these charges. To learn more about how Oklahoma law defines and prosecutes domestic assault and battery and what options may be available for those accused, read more.
DON’T FACE ASSAULT AND BATTERY CHARGES ALONE
Being charged with assault and battery doesn’t have to be overwhelming. At Cannon & Associates, we have a team of experienced criminal defense attorneys who understand the complexities of Oklahoma assault and battery laws. We will be Your Fierce Advocates® and work tirelessly to build the most effective defense to get you the best possible outcome. Call us today at (405) 358-4902 or contact us here. We offer no-obligation consultations and prioritize your privacy.