A charge of assault and battery usually follows a fight or physical use of force against another person.
“Simple” assault and battery is usually a misdemeanor crime in Wagoner, Oklahoma.
However, is aggravated assault and battery a felony in Oklahoma? Usually the answer is “yes.”
Aggravated assault and battery can be much more serious and lead to large fines and lengthy prison sentences.
Defining Aggravated Assault and Battery
Although most battery can cause injury to another person, the crime becomes “aggravated” if a victim suffers “great bodily injury.”
The state of Oklahoma defines great bodily injury as bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or substantial risk of death. Therefore, even a broken nose can escalate a standard assault and battery charge to aggravated assault and battery.
Aggravated assault and battery also occurs when committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated. Okla. Stat. tit. 21 § 646
Is Aggravated Assault and Battery a Felony in Oklahoma?
In order to secure a conviction against a defendant accused of aggravated assault and battery, a prosecutor must prove:
- that an assault and battery occurred
- upon another person and
- inflicted great bodily injury.
Anyone found guilty of aggravated assault and battery faces up to five years in the state penitentiary and up to $500 in fines. Okla. Stat. tit. 21 § 647
Initial Strategy Session: Wagoner Assault Defense Lawyer
A charge of aggravated assault and battery in Wagoner can result in jail time and hundreds of dollars in fines.
If you or someone you know is faced with this charge, please contact a Wagoner criminal defense attorney to discuss your available legal options.
Call Wirth Law Office – Wagoner at 918-485-0335 for a low-cost and confidential consultation.
