In Oklahoma, the distinction between a “simple” altercation and an Aggravated Assault charge often comes down to the severity of the injury or the vulnerability of the victim. Under Oklahoma law (21 O.S. § 646), an assault and battery is elevated to the status of “aggravated” when it meets specific, heightened criteria.
If you are facing these charges, it is a felony matter that requires a strategic defense. Here is a breakdown of what constitutes aggravated assault in Tulsa and what you can expect from the legal process.
The Two Ways an Assault Becomes “Aggravated”
Under Oklahoma statutes, there are two primary circumstances that turn a misdemeanor assault into a felony aggravated assault:
A. Infliction of “Great Bodily Injury”
This is the most common reason for the charge. The law defines “great bodily injury” as more than just minor cuts or bruises. It specifically includes:
- Bone fractures (even a broken nose or finger).
- Protracted and obvious disfigurement (scars or permanent marks).
- Protracted loss or impairment of a body part, organ, or mental faculty.
- Substantial risk of death.
B. Target of a Vulnerable Victim
An assault is also considered aggravated if it is committed by a person of robust health or strength upon a victim who is:
- Aged or elderly.
- Decrepit or physically weak.
- Incapacitated or disabled.
Assault vs. Battery: The Technical Difference
While the terms are often used together, Oklahoma law treats them as separate acts:
- Assault: The threat or attempt to use force.
- Battery: The actual physical contact or violence.
- Aggravated Assault and Battery: This is the formal charge when the physical contact actually occurs and results in serious harm or involves a vulnerable victim.
Penalties and the “85% Rule”
Because Aggravated Assault is a felony in Oklahoma, the consequences are severe. A conviction can lead to:
- Prison Time: Up to five (5) years in the State Penitentiary or up to one year in the County Jail.
- Fines: Up to $1,000 in addition to, or in place of, incarceration.
- The 85% Rule: In certain cases—specifically if the assault was committed against someone protecting another person from harm—you may be required to serve at least 85% of your sentence before becoming eligible for parole (21 O.S. § 13.1).
Common Legal Defenses
Just because you have been charged does not mean a conviction is inevitable. A skilled defense attorney will look for specific openings to challenge the prosecution’s case:
- Self-Defense or Defense of Others: You used reasonable force to protect yourself or someone else from imminent harm.
- Lack of Intent: The injury was the result of an accident, not a willful and unlawful act of violence.
- Inaccurate Injury Classification: Challenging whether the injury truly meets the high legal standard of “Great Bodily Injury.” If a broken bone wasn’t actually present, the charge may be reduced to a misdemeanor.
- Mistaken Identity or False Accusation: Proving that the wrong person was identified or that the allegations were fabricated.
Aggravated Assault and Battery Attorney Near You
Aggravated assault in Tulsa is a “violent crime” on your record, which can affect your employment, housing, and civil rights (like owning a firearm) for the rest of your life. In Oklahoma, the line between a misdemeanor and a five-year felony can be as thin as a single medical report. Get a Free Consultation with an Oklahoma criminal defense attorney at Tulsa Criminal Lawyers Law Firm by calling 918-416-0358. Or you can also follow this link to ask a free online legal question.