Assault & Battery
An assault or battery charge can arise from a situation that escalated in seconds. Whether you are accused of making a threat, getting into a physical altercation, or causing serious injury, what happened before, during, and after the incident matters.
A Smart Defense represents clients facing assault and battery charges ranging from misdemeanor disputes to serious felony allegations. An experienced assault and battery attorney in Oklahoma City will examine the evidence, listen to your side of the story, and determine the best strategy for your case.
OKLAHOMA ASSAULT CHARGES
Assault and Battery Under Oklahoma Law
Assault and battery are often discussed together, but they are not necessarily the same offense under Oklahoma law.
An assault is an attempt or threat to cause bodily harm to another person, while battery involves unwanted physical contact.
Simple assault in Oklahoma may carry up to 90 days in jail and a fine of up to $500. Assault and battery may carry up to six months in jail and a fine of up to $1,000.
The circumstances surrounding the incident can significantly change the seriousness of the charge. What began as an argument or confrontation may result in much more serious allegations when the State claims that a weapon was involved, significant injuries occurred, or the alleged victim falls within a protected category.
An experienced assault attorney in OKC should analyze more than the accusation itself. Witness statements, surveillance footage, body camera footage, injuries, 911 calls, text messages, and the conduct of everyone involved may provide important context that is missing from the initial police report.
WHEN CHARGES ESCALATE
Aggravated Assault and More Serious Charges
Not every assault and battery case carries the same potential consequences. Certain allegations can turn what might otherwise be a misdemeanor into a serious felony case.
Factors that may increase the severity of an assault charge include allegations of great bodily harm, the use of a weapon, the status of the alleged victim, or circumstances involving domestic violence.
Aggravated assault penalties may include up to five years of imprisonment.
An assault involving a dangerous weapon may carry a potential sentence of up to 10 years.
If you are facing allegations involving serious injury or a weapon, finding an experienced attorney early gives your attorney more time to preserve evidence and understand exactly what occurred.
WHAT RAISES THE STAKES
What Makes an Assault Charge Worse
The facts surrounding an assault allegation can dramatically affect the charge and potential punishment.
Circumstances that may make an assault and battery case more serious include:
Do not assume the charge listed on your paperwork tells the entire story. The evidence must be analyzed to determine what the prosecution can actually prove.
You work directly with your attorney from the beginning of your case through its resolution. Your case will never be passed off to a junior associate or case manager.
Contact A Smart Defense to speak directly with Alexa about your case.
BUILDING YOUR DEFENSE
Evidence in an Assault and Battery Case
Assault and battery cases frequently involve competing versions of the same event. A thorough defense requires looking beyond the initial allegation.
Evidence may include:
A Smart Defense reviews the evidence in context to determine whether it supports the allegations, contradicts a witness’s account, supports self-defense, or reveals facts that were overlooked during the initial investigation.
STAND YOUR GROUND
Self-Defense in Oklahoma
Being involved in a physical confrontation does not automatically mean you committed a crime. The events leading up to the confrontation can be just as important as what happened during it.
Self-defense in Oklahoma generally depends on whether the use of force was reasonable and proportional under the circumstances.
Oklahoma also recognizes “Stand Your Ground” protections in certain circumstances.
A claim of self-defense in Oklahoma is highly dependent on the specific facts of the case. Who initiated the confrontation, what threats were made, whether someone attempted to leave, the level of force used, witness accounts, video evidence, injuries, and statements made afterward may all become important.
If you acted because you believed you needed to protect yourself or another person, tell your attorney exactly what happened. Your defense should be based on the complete circumstances, not simply the version contained in a police report.
WORKING WITH ALEXA SMART
Your Attorney, Not a Case Manager
When you hire A Smart Defense, you hire your attorney — not a case manager, not a junior associate, and not someone you have never met. Alexa Smart handles the legal work on every case herself: reviewing the evidence, building the strategy, and making the calls that matter, from the initial consultation through resolution.
Criminal charges are personal. Your defense should be too.
ASSAULT & BATTERY FAQS
Frequently Asked Questions About Assault & Battery in Oklahoma
What is the difference between assault and battery in Oklahoma?
Assault generally involves an attempt or threat to cause bodily harm, while battery involves unwanted physical contact. Although the terms are commonly used together, the particular conduct alleged can affect the charge and potential punishment.
What are the penalties for assault and battery in Oklahoma?
Simple assault may carry up to 90 days in jail and a fine of up to $500. Assault and battery may carry up to six months in jail and a fine of up to $1,000. More serious circumstances may result in felony charges and substantially greater penalties.
What are the aggravated assault penalties in Oklahoma?
Aggravated assault may carry up to five years of imprisonment. The exact charge and potential punishment depend on the allegations and circumstances of the case.
Does Oklahoma have a Stand Your Ground law?
Oklahoma recognizes Stand Your Ground protections in certain circumstances. Whether those protections apply to a particular case depends on the specific facts surrounding the use of force.
Can the alleged victim drop an assault and battery charge?
The alleged victim does not necessarily control whether the criminal case continues. Once charges are filed, the prosecution may continue pursuing the case even if the alleged victim no longer wants to participate.
What if we were both fighting?
Mutual combat does not automatically cause criminal charges to be dismissed. What each person did, who initiated the confrontation, whether either person attempted to disengage, and the amount of force used may all be relevant to the case.
Can an assault conviction affect my right to own a firearm?
Certain felony assault convictions and domestic violence convictions may affect firearm rights. The effect depends on the specific conviction and circumstances.
What is assault with a deadly weapon in Oklahoma?
Allegations involving a dangerous or deadly weapon can significantly increase the seriousness of an assault case. The particular weapon, alleged conduct, injuries, and applicable charge will determine the potential consequences. This charge carries punishment of up to life in prison.
Do I need an attorney for an assault and battery charge?
Assault cases can involve conflicting accounts, self-defense claims, video evidence, witnesses, injuries, and potentially serious criminal penalties. An attorney can review the evidence, determine what the prosecution must prove, identify evidence that supports your version of events, and develop a defense based on the specific circumstances of your case.
Assault & Battery Defense Throughout Oklahoma
A Smart Defense represents clients facing assault and battery charges in Oklahoma City and surrounding communities, including Edmond, Norman, Moore, and Midwest City.
Whether you are facing a misdemeanor assault allegation or a serious felony charge, your defense should begin with a careful analysis of the evidence and the circumstances surrounding the accusation.