We have all experienced a moment of anger where we have lost our temper. Many people experience this when they are defending themselves or they are defending another person. However, if you lash out physically against another person, you can be charged with assault in Wagoner under Oklahoma criminal laws.
Oklahoma specifically separates the charges of assault and battery under the code. Therefore, you may be charged with assault, battery or assault and battery. In some cases, officers will charge individuals with both charges when only one charge is applicable.
An experienced Wagoner assault defense attorney will investigate the facts to ensure that you are charged under the correct statute for the circumstances of your case.
Assault and Battery Defined
Assault and battery appear to have similar definitions and each offense is defined separately under the Oklahoma criminal statutes; however, the elements of each are different.
According to Okla. Stat. tit. 21 §641, assault is defined as “any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.”
Battery is defined as a separate crime under Okla. Stat. tit. 21 §642 as “any willful and unlawful use of force or violence upon the person of another.”
The specific charge that is used will depend on the facts and circumstances of your specific case. Some factors that may be used to determine the specific crime that you are charged with include but are not limited to:
- If a weapon was used.
- The severity of the injuries to the victim.
- If a child was present during the crime.
- The relationship between the defendant and the victim.
- The age of the victim.
- Whether the victim was incapacitated at the time of the crime.
Crimes Under Oklahoma’s Assault and Battery Statutes
You may be charged under one of several classifications of assault and battery crimes. Our Wagoner, OK criminal defense attorneys can explain the various charges and the defenses available to each charge.
Depending on the facts of the case, you may be charged with:
- Assault
- Assault with Intent to Kill
- Assault with Intent to Commit a Felony
- Assault and Battery
- Domestic Assault and Battery
- Assault and Battery with a Dangerous Weapon
- Aggravated Assault and Battery
In order to ensure that you are not being charged with a crime that does not fit the facts and circumstances of your case, you need to consult with a Wagoner assault and battery attorney. The attorney will investigate the facts in order to determine if the proper charge has been filed.
Penalties for Assault in Wagoner
The punishment for assault in Wagoner is severe. If convicted of assault, you may be facing imprisonment, fines, probation and other penalties. The severity of the penalties for assault in Wagoner will depend on the exact charge and the circumstances of the crime.
Depending on the crime and the circumstances, you could be facing years of incarceration in a State Penitentiary. Do not trust your freedom to a court appointed attorney or an attorney who does not practice criminal law. Hire an experienced Wagoner felony attorney to protect your rights.
Free Consultation: Wagoner Criminal Defense Attorney
For a free consultation with a Wagoner, Oklahoma assault attorney, call the Wirth Law Office – Wagoner at 918-485-0335. Or, as always, you may enter a legal question in the form at the top right of this page.
You are under no obligation after your free consultation; therefore, we urge you to contact us to assist you with this criminal charge.