Chances are we’ve all found ourselves in a situation where we ‘lose our cool’ and experience feelings of anger and even rage. While the smart thing to do is simply walk away from the situation, this is not always what happens, especially when another individual is provoking you. However, when you act on these feelings and assault another person, the results can be catastrophic. Assault and battery charges are not to be taken lightly and can forever change an individual’s life. In most cases, the person charged with assault and battery eventually discovers that harming another individual was not worth all the legal, financial, and societal consequences that followed. As Oklahoma violence attorneys, we understand how serious these types of cases can be, for both the victim and the plaintiff. If you have been assaulted by another person or find yourself faced with these charges, please contact a violence attorney from Atkins & Markoff right away. Because the laws on assault and battery in Oklahoma can be quite confusing, it is important that you have a knowledgeable lawyer by your side who can help navigate the legal system for you. There are different degrees of charges (ranging from misdemeanor to felony), all of which carry different sentences and repercussions.
Below we will go over some of the basics pertaining to assault and battery as well as a handful of the most commonly asked questions. If you have any additional questions or need further clarification about anything, please do not hesitate to contact us right away.
Are Assault and Battery the Same Thing?
The short answer to this is no. Under federal and Oklahoma law, assault and battery are two separate offenses that are classified according to severity, just like most other offenses are. In Oklahoma, assault refers to the threat of unwanted touching, whereas battery is considered an act of unwanted touching. It should be noted that both are criminal acts that fall under assault laws. It is also important to keep in mind that there are varying degrees of assault and battery – 1st, 2nd, and 3rd degrees.
What is Domestic Assault and Battery?
While domestic assault and battery is closely related to domestic violence in most cases, the main difference between the two has to do with the relationship between the victim and the person charged with the crime. For domestic violence to have taken place, the accused and the victim must be male and female and live in the same household as one another. If the accused and the victim are not household members, the charge is domestic assault and battery.
Is Assault and Battery a Misdemeanor or Felony?
As mentioned above, assault and battery can be either a misdemeanor or a felony, depending on the specific circumstances surrounding the case. Just as a brief example, assault and battery of the 1st degree is a felony (i.e. the most serious) and assault and battery of the 3rd degree is typically a misdemeanor.
Will I Go to Jail for Assault and Battery?
Again, this will depend on the particular case and whether or not the accused has a previous record with the law. If an individual is convicted of assault and battery, there is potential they will go to jail. In fact, even for the lease serious assault and battery charge (assault and battery of the 3rd degree) you can go to jail for upwards of 30 days. It is also worth mentioning that there is no mandatory minimum jail sentence for assault and battery, of any degree. This means that, in some cases, you could potentially get probation or pay a fine if you are convicted.
To find out more about assault and battery in Oklahoma, contact a criminal attorney from Atkins & Markoff today.