Wagoner County Assault and Battery Laws are strict and if violated are charged as either a felony or a misdemeanor. Assault and Battery occur more often than you would expect.  Imagine being in an argument and tempers flaring.  You reach out and slap a book out of someone’s hand or you clench your fist and step angrily toward the other person.  Simple acts such as these could result in assault and battery charges.  This article will help you understand the difference between “assault” and “battery”, and explain what punishments you may face.

Difference in Assault and Battery

The definition of assault is under Okla. Stat. tit. 21 §641.  A few elements must be present to qualify.

–  You must willfully know and intend to assault the person. A mistake or accidental touching isn’t enough

–  You must do the act unlawfully. This means that you don’t have the other persons consent like in a sporting event.

–  During the act you must threaten or attempt to do bodily harm to another. Statements like im going to punch you in the mouth or otherwise hurt you are enough.

So, if you move toward someone during an argument with a closed fist and threaten harm verbally or non-verbally you may face assault charges.  Battery charges are of a more serious nature.  Under  Okla. Stat. tit. 21 §642 battery has different elements than assault.

– Willful and intentional act of physically harming another.

– You must do the harm unlawfully.

– You must use physical force or violence.

– Physical contact and a resulting injury must occur.

Therefore, punching or slapping someone with intent to hurt them, hitting someone with a weapon or other object, and even t he act of hitting something that hits the other person, may all be acts of battery.  As you can see, assault and battery have different meanings.  Essentially, making someone believe you intent to harm them is an assault while battery is actually carrying out the threat.

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Legal Punishments

Assaults in Wagoner County are usually charged as misdemeanor crimes. Sometimes the assault may be charged as a domestic assault or felony assault and battery.   In Oklahoma a misdemeanor assault generally means a sentence of 30 days and a possible fine of $500.  If the assault is thought to be blatant enough both the sentence and the fine will be imposed.  However, if you face battery charges, then punishments increase.  For example, a simple battery case may only be a misdemeanor with a 90 day sentence and a $1,000 fine.  But if the battery is against a significant other, any type of peace officer or medical personnel, or school staff it could increase to a felony charge.

Wagoner County Assault Attorneys

Wagoner County Assault and Battery Laws are serious. We know not all situations are what they seem, and sometimes start out mild and become violent.  Our criminal defense attorneys are here to help guide you through any charges you face regarding assault and/or battery.  We offer free consultations and provide experienced defense counsel for our clients.