While they are generally listed together under Oklahoma law, assault and battery have different statutory definitions. Despite the different types, punishments, and situations for the crime, the basic definition remains the same.
Assault Defined
In Oklahoma, “[a]n assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.” It is important to note that this does not require any actual contact or injury. Simply trying or threatening to commit a violent act meets the definition of an assault.
Definition of Battery
In contrast to assault, “a battery is any willful and unlawful use of force or violence upon the person of another.” Here, a battery requires actual contact or use of force, rather than the threat or attempt.
Punishment and Exceptions
Simple assault alone can bring up to a 30 day jail term, and a $500 fine. Assault accompanied by actual battery increases this to 90 days and $1,000. Other situations, such as domestic assault or using a deadly weapon, can increase the punishment significantly.
It is also important to note some exceptions to the crime. Peace officers acting within their duties are not subject to assault and battery charges, nor are others who are trying to stop those who committed felonies. Further, assault and battery does not apply when self defense is at issue.
Consult With A Tulsa Criminal Defense Attorney
If you have questions or are dealing with an assault and battery charge, a Tulsa criminal defense attorney can tell you more. For a confidential and initial strategy session, call the Seventh Street Tulsa Law Office at (918) 932-2777.