Attorney Explains Difference Between Assault and Battery in Tulsa

Difference between Assault and Battery in Tulsa

The Difference Between Assault and Battery in Tulsa is an important question. If you face charges of assault and battery you may be facing more than a single charge.  The laws are somewhat confusing on this topic.  For instance, a battery may include an assault, but an assault cannot also be a battery.  The law makes a distinction between “assault” and “battery”.  This article will help you understand the difference between assault and battery in Tulsa and potential ways to beat the defend against the criminal charge.

What is the Crime Assault?

Let’s begin with an assault.  In Okla. Stat. tit. 21 §641 the elements of assault are listed.  It must be an act “willfully” done that you intend.  Further, it must also be an unlawful act.  Lastly, you must have threatened or attempted to do physical harm to another person.  It is important to note that no actual physical contact occurs to the target of the act.   So moving toward a person with a raised fist, telling someone you are going to hurt them, or intentionally making someone think you plan to harm them are illustrations of assault.

What is the Crime Battery?

However, battery is under Okla. Stat. tit. 21 §642.  It is an intentional act of physically hurting someone.  A victim must show you have the motive to hurt them, and that it was a violent or forceful act.  Unlike assault, physical contact must occur with a resulting injury for an incident to be a battery.    The person harming to victim must also have unlawful motives and use violence or force.  Physical contact must occur and some sort of injury must result.   Battery can be punching somebody with the hope of hurting them, pushing a person down during a verbal altercation, or even hitting someone with an object.

As you can see, assault is making someone reasonably afraid of injury, while battery is actually physically injuring another.

Legal Consequences of Assault and Battery:

In Oklahoma, assault is classified as a misdemeanor.  As a rule of thumb, misdemeanors in Oklahoma carry a minimum sentence of 30 days imprisonment and the possibility of a $500 fine.  Assault is the lesser crime.  Battery can be a misdemeanor or a felony depending on the seriousness of the offense.  If the battery is a misdemeanor, your punishment may be 90 days imprisonment and $1000 worth of fines.  But if your battery is against a romantic partner, medical personnel, or other state officials it is a felony and carries much harsher penalties.

Let Our Tulsa Assault and Battery Lawyers Help You:

If you need to know the Difference Between Assault and Battery in Tulsa give us a call. We understand situations can sometimes get out of hand.  So if you are being charged with assault, battery, or both call us, we can help.  Our first consultation is free.  Our criminal attorneys have the experience to build you the strongest possible defense against these charges.