Understanding the Difference of Oklahoma Law and Assault and Battery Domestic Crimes

There are many different types of crimes for which an individual can be charged in terms of Oklahoma law and assault and battery domestic issues.  Some of these criminal offenses are more serious than others and the type of penalty that occurs typically depends on how serious the circumstances and whether or not it is a repeat offense. 

That said, regardless of how serious the charge, the accused should seek the assistance of a criminal defense attorney that specializes in these matters. Something interesting that most people don’t know is that there is a difference between assault and battery. 

Assault Charges

Even though assault and battery are often charged together, they are two distinct crimes.  Assault is defined by a person that intentionally threatens harm on another.  For example, threatening to strike someone if they do not give you what you want is an act of assault. 

Battery Charges

Battery, on the other hand, occurs when the person actually causes physical harm to another or touches them in a degrading fashion (i.e. spitting on someone).   Essentially, this crime involves direct contact between the victim and offender.  Thus, it is not simply a threat it is an action. It is also important to note that if physical harm occurs among family members, the accused would be charged with domestic violence, not battery. 

Domestic violence is an offense that is characterized by one member of a household or family inflicting physical harm on another member of the same house or family (it most commonly occurs between spouses). 

Nevertheless, despite what Oklahoma law and assault and battery domestic criminal act a person is charged with, they need a qualified defense attorney to represent them and help prevent a criminal record and serious penalties that can forever tarnish their life.

Punishment for These Crimes

The punishment that results from assault/battery crimes may include imprisonment, fines, probation, restraining order, anger management classes and so on.  As in most cases, the degree of the penalty depends on the circumstances of the situation, as well as the background of the accused.  

For instance, if the offender has a previous history of assault and/or battery, their punishment will likely be more severe. Just remember, not every Oklahoma law and assault and battery domestic crime is straight forward or crystal clear. 

In some instances, the offense may have been committed out of self-defense or defending someone else or your own property (i.e. striking a burglar).  Since this is the case, it is vital that you seek the assistance of a legal representative who has experience in assault cases, as their professional skill can help dismiss or reduce sentencing.

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