In criminal law, battery and assault are often used together, but they refer to distinct offenses with different elements. Its the elements of the crimes and how they are present themselves that make all the difference. Not only are the criminal charges different the range of punishment is huge.
- Assault in Oklahoma:
- Definition: Assault typically refers to the intentional act of causing someone to fear that they will be harmed. It does not necessarily involve physical contact; the threat or attempt to cause harm is enough. Usually simple assault in Oklahoma is charges as a misdemeanor offense.
- Elements: The key elements of assault usually include an intentional act, an apprehension of harm by the victim, and the apparent ability to carry out the threatened harm.
- Example: If someone raises their fist and threatens to punch another person without actually making physical contact, it may be considered assault.
- Battery in Oklahoma:
- Definition: Battery involves the intentional and unlawful physical contact with another person. Unlike assault, battery requires actual physical harm or offensive contact.
- Elements: The key elements of battery typically include intentional touching, lack of consent, and the presence of harm or offensive contact.
- Example: If someone punches another person or intentionally touches them in a harmful or offensive manner, it may be considered battery.
Threats and Acts Of Violence
In Oklahoma criminal statutes, the term “assault” is used more to encompass threats of harm. The person making the threats must have the ability to carry out the threat. The person threatened must also have a reasonable fear of the harm being carried out. In Oklahoma the battery involves the actual act of the offensive or illegal touching. This touching is the act is the battery. The act of battery can be enhanced to a felony by aggravating factors that usually are represented by the extent of the injury to the victim or any weapons that may or may not have been used. The crime may also be enhanced depending on the status of the victim. An example is assault on a pregnant women or assault on a Police officer.
Tulsa Criminal Lawyers Near You
Battery and assault crimes in Oklahoma are as different as night and day. Both requirement different elements to find you guilty and both have vastly different ranges of punishment. When you are charged with this kind of crime you have a fighting chance. Each case is different and each case requires a different approach depending on the facts of your case. For a free consultation with one of our Tulsa criminal lawyers call today 918.416.0358 or click on the link for a free criminal law question.