Fight Club: Understanding Assault Charges in Oklahoma

If you start a fight in Oklahoma, or if you decide to make a verbal argument physical, you could be charged with any one of several different assault crimes defined by state law. The specific offense with which your are charged depends upon a number of factors, including your relationship to the other person, his or her occupation, the use of any "dangerous weapon," and the severity of any injuries the other person sustained in the altercation.

Assault charges and their associated penalties range from relatively minor misdemeanor charges that may result in probation only to serious felonies that can send you to prison for decades.

Let's take a look at some of Oklahoma's assault laws and the possible sentences for conviction.

Assault and battery and related crimes are enumerated in Title 21 Chapter 20 of the Oklahoma statutes. While assault and battery are typically charged together, it is important to note that they are separate and distinct crimes:

• Assault:"any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another" (�641).
• Battery: "any willful and unlawful use of force or violence upon the person of another" (�642).

In other words, an assault is the attempt or threat to commit violence against another person, and battery is the actual physical contact. On its own, assault is punishable by a maximum of 30 days in jail and a fine of up to $500. Conviction of assault and battery carries a potential sentence of 90 days in jail and a $1,000 fine. Of course, that sentence is just for simple assault and battery, and often there are accompanying factors that enhance the penalties.

Criminal penalties are enhanced for assaults against specified professionals: assault of a police officer, teacher or school administrator, emergency personnel, or court official can bring more serious repercussions than those associated with simple assault.

Assaulting a family or household member also brings more severe penalties. Domestic assault and battery carries a maximum sentence of one year in jail and a fine of up to $5,000 for the first offense. Second and subsequent offenses are felonies punishable by up to 4 years in prison. Other factors also increase the severity of a domestic violence charge and its penalties:

• Domestic abuse by strangulation: 1 to 3 years in prison for the first offense; 3 to 10 years in prison for a second or subsequent offense.
• Domestic assault and battery with a dangerous weapon: up to 10 years in prison
• Domestic assault and battery with a deadly weapon: up to life in prison

The use of a dangerous or deadly weapon is an enhancement in domestic cases, and it also elevates the charge in typical assault cases:

• Assault with a dangerous weapon (� 645): up to 10 years in prison
• Assault and battery with a deadly weapon or shooting with intent to kill (�652): up to life in prison

Another felony assault crime is aggravated assault and battery. According to �646, and assault is considered to be "aggravated" under two conditions:

1. When a healthy, "robust" person commits the assault against someone who is weak or frail, or
2. When the assault results in great bodily injury, including "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."

If the injury is permanently disfiguring or disabling, a defendant may be charged with maiming. Aggravated assault and battery is punishable by a maximum of 5 years in prison, but maiming carries a potential life sentence (�759).