Therearemanyquestions surrounding the criminal charges of Assault and Battery. Many people believe that it is one entity.
However, in Oklahoma, Assault and Battery are separate crimes that can be charged individually or together. The confusion comes from how the charges are labeled. Many times, the title of the charge is Assault and Battery.
Thechargescanbemisdemeanors or felonies depending on the circumstances. Depending on the facts surrounding the offense, someone can be charged with either Assault, Battery, or Assault and Battery in Oklahoma.
Here's a breakdown of the differences between the three crimes.
Assault.
Under Oklahoma law, someone who threatens or attempts to cause physical harmtoanotherpersoncould be found guilty of Assault. Threatening words alone aren't enough, though. The offender also must take some menacing action such as drawing a fist or charging toward the victim.
Battery
Battery is the intentional use of force against another person,whichcausesharmor offense to the victim. Hitting someone or spitting on them are both acts that constitute Battery.
Assault and Battery.
Someone is guilty of Assault and Battery when their assault results in a battery. For example, threatening to hit someone with a raised fist is an Assault. Yet, if the person follows through and punches the victim after making the threat, they can be charged with Assault and Battery.
Assault and Battery offenses committed against specific types of victims can increase the punishment for the crime. These special victims include law enforcement officers who are engaged in the performance of their duties, sports officials referees and umpires, emergency medical providers while performing medical duties, judges, court officers, and jurors and if the assault was retaliation for the victim's court-related actions and occurred within six months of those actions.
Assaulting school employees while performing their duties, or students participating in school activities or corrections officers while performingtheirdutieswhen the crime is committed by an inmate are also ways to increase the punishment.
The crime of Assault and Battery becomes more serious or aggravated if the attack results in great bodily injury to the victim, or the crime is committed by someone with 'robust health or strength' against elderly, disabled, or incapacitated person. Great bodily injury includes bone fracture, visible disfigurement that is more than temporary, loss of function of a body part or organ of the body that is more than temporary, long term brain injury or injury involving serious risk of death.