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Assault and Battery is defined as an act of physical violence by one person against another when the threatened act actually causes physical harm. This crime combines an assault (the threat of a violent or forceful act that a person fears will be done to their body) and a battery (a completed assault, meaning the threatened act is actually carried through and causes physical harm).

An assault might look like a person making a fist and threatening to punch another person, but it becomes a battery when they actually make contact with the other. Therefore, a battery always includes an assault, but an assault does not always include a battery. It should be noted that the degree of force that was used in the act does not need to meet any kind of injury-related threshold—it can be the slightest touching, and still considered a use of force.

Oklahoma Statute

The statute for Assault and Battery is OKLA. STAT. tit. 21 § 642, which states that “A battery is any willful and unlawful use of force or violence upon the person of another.”

Elements of the Crime

In order to be convicted of Assault and Battery in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove that the use of force or violence was:

1) willful;

2) unlawful;

3) use of force or violence; and

4) upon another person.

Oklahoma Jury Instruction #4-26.

What the Skilled Lawyers at Cannon & Associates Can Do For You

Being charged with Assault & Battery in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.

Contact – Cannon & Associates: Oklahoma Criminal Defense

Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.

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