An Oklahoma City assault defense attorney represents individuals charged with misdemeanor or felony assault in the state of Oklahoma. At Phillips & Associates we defend our clients by challenging allegations, protecting our client's constitutional rights, and negotiating to reduce or dismiss criminal charges. Our legal representation includes reviewing police reports, collecting witness statements, and analyzing physical evidence. We defend clients facing assault-related charges including simple assault, assault and battery, domestic assault, assault with a deadly weapon, and aggravated assault that results in serious bodily harm.

Assault is defined in 21 O.S. § 641 as any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another. The penalties for assault in Oklahoma include fines, probation, protective orders, and significant prison time.

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Whether a disagreement turns into pushing and shoving, an altercation results in serious physical harm, or escalated emotions cause a person to act rashly and violently, legal defense representation is necessary to protect a defendant from unwarranted or inflated charges.

In any argument, there are at least two sides to the story. An experienced lawyer can let your voice be heard.

Legal Defense Strategies for Assault in Oklahoma

There are a number of viable defense strategies for assault charges in Oklahoma. In many cases, a lawyer may be able to utilize an affirmative defense, which means that, although the defendant did in fact use force, it was lawful force:

• Self-defense
• Use of necessary force by a law officer in carrying out his or her legal duties
• Reasonable and moderate use of parental force for the correction or restraint of a child's misconduct
• Sufficient and reasonable force to remove a passenger who does not comply with lawful and reasonable regulations of the carrier
• Force used to prevent a mentally ill or impaired person from harming himself or others

At Phillips & Associates, our criminal defense lawyers carefully evaluate the circumstances of your case to reveal the best defense strategy for your unique situation. Our history of violent crime defense reveals a record of success, featuring reduced charges and numerous dismissals and acquittals at trial. Contact us today to find out how we can help you fight your charge.

What Oklahoma Assault Charges Do We Fight?

Assault crimes include any attempt to inflict bodily harm upon another. This may take many forms: beating, poisoning, using any dangerous or deadly weapon, throwing something at another person, transferring bodily fluids onto another, and more.

• Assault and Battery (§ 644)
• Domestic Abuse (§ 644 - 644.1)
• With a Dangerous Weapon (§ 645)
• Aggravated Assault and Battery (§ 646)
• On a Police Officer, Emergency Medical Technician, or Court Officer (§ 649, 650, 650.3-650.6)
• On a School Employee by a Parent or Student (§ 650.7)
• Shooting with Intent to Kill (§ 652)
• Maiming (§ 751-760)

Within each category of offense, there are even more detailed provisions outlining the specific variables of each crime and the related penalties associated with the crime.

For example, 21 O.S. § 644, which codifies Assault and Battery is a statute of nearly 2,800 words describing variations in the law and penalties for circumstances including simple; assault and battery; domestic abuse; domestic violence in the presence of a child; shooting a current or former spouse, the spouse of a current or former spouse, or the relative of a current or former spouse; against a pregnant woman; court ordered anger management counseling; and more.

What is the Sentence for Assault in Oklahoma?

The lowest level of offense is punishable by a maximum sentence of 30 days in jail and/or a $500 fine. However, typically, it is charged as Assault and Battery, a physical altercation or harmful physical contact resulting in only minor injuries. This is a misdemeanor punishable by up to 90 days in jail, unless the crime is characterized as domestic abuse.

When committed against a family member or household member is a misdemeanor punishable by up to one year in jail on the first offense; a subsequent offense is a felony. Find out more about domestic violence and aggravating factors on our domestic violence defense page.

What Are Oklahoma Assault Laws?

Most people think of an assault as the infliction of physical harm by one person against another. They think that "assault and battery" is a single criminal charge. However, in truth, you may be charged even if no physical contact occurs between an assailant and a victim, and these two crimes are two distinct charges which are frequently charged in conjunction.

These two crimes are defined separately under Chapter 20 of the Oklahoma Criminal Code (Title 21 of the state statutes):

• § 641 – An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.
• § 642 - A battery is any willful and unlawful use of force or violence upon the person of another.

In other words, it is the attempt to commit bodily harm through force or violence, and battery is the intentional use of violence against another.

To further complicate understanding of these charges, not all of these crimes are considered equal in the eyes of the law. Certain factors can escalate a charge from a misdemeanor to a felony, and while simple charges carry a maximum penalty of a year in county jail, charges involving a deadly weapon is punishable by a maximum of life in prison. Likewise, when committed against a family member, or domestic violence, is penalized more harshly than a general conviction.

Because of the broad definitions of these crimes, the variables affecting the charge, and the nuances of the law, it is imperative that anyone accused quickly obtain legal counsel. The lawyers with Phillips & Associates can help you understand the offense with which you have been charged and any potential consequences of conviction. We can develop the optimal defense strategies for your case and effectively deliver your defense for the best possible outcome to your case.

What is Aggravated Assault & Battery?

While simple Assault and Battery is a misdemeanor, the offense is elevated to felony status when it involves grave bodily harm by an able-bodied person against someone who is weak or frail. Aggravated assault and battery under 21 O.S. §646 is a Class B2 felony. Assault becomes aggravated assault under the circumstances listed below.

§ 646 – Aggravated Assault and Battery Defined
A. An assault and battery becomes aggravated when committed under any of the following circumstances:
1. When great bodily injury is inflicted upon the person assaulted; or
2. When committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated, as defined in Section 641 of this title.
B. For purposes of this section "great bodily injury" means 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.

The maximum penalty is five years in prison and a fine of $500.

What is the Sentence for Aggravated Assault & Battery?

The sentence for aggravated assault and battery is imprisonment for a term not exceeding five (5) years. Under 21 O.S. §647, the court may impose a fine not exceeding Five Hundred Dollars ($500.00). A first offense does not carry a mandatory minimum percentage of time served.

A second offense with one or two prior Class C or D felonies is punishable by imprisonment for a term of not less than one (1) year and not more than seven (7) years and requires service of not less than twenty percent (20%) of the sentence. A second or subsequent offense with three prior Class C or D felonies or one or more Class Y, A, or B felonies is punishable by imprisonment for a term of not less than two (2) years and not more than ten (10) years and requires service of not less than thirty percent (30%) of the sentence.

What is Felony Assault?

Felony assault is an assault offense that is charged at the felony level because of the seriousness of the conduct, the degree of harm caused to the victim, or the presence of aggravating circumstances such as the use of a dangerous or deadly weapon, or the intent to cause severe injury or death. Examples of felony assault include assault with dangerous weapon, assault with the intent to kill, and administering poison with the intent to kill. Felony assault is differentiated from simple assault in that the conduct goes beyond a simple threat and involves significant risk or injury to the victim.

What is the Difference Between Assault and Battery?

The primary difference between assault and battery is that assault involves threatening or attempting to cause physical harm, while battery involves actual unwanted physical contact with another person. When determining whether to charge a defendant with assault vs battery, the prosecutors look at whether the alleged conduct involved only a threat or attempt to cause harm to someone else, or if the defendant made actual physical contact with another person.