A Sand Springs man was recently arrested and booked on assault and battery charges for attacking his son. According to police documents, the man’s son found him drinking at his home after being released from rehab. When the son confronted the man, the man attacked him with a dual-edge machete, which cut his son’s hand. While not a classic case of assault and/or battery, this illustrates both assault and battery as dual and separate charges. If you face assault and/or battery criminal charges in Okmulgee County this article will explain the difference.
Assault Charges and Battery Charges.
The two crimes are different and further can be charges as misdemeanors or felony crimes. Okla. Stat. tit. 21 §641 legally defines assault in Oklahoma. Basically you must be purposeful in your actions with intent to elicit fear from another. This is mainly in the form of fear of bodily harm. For example, if you verbally threaten someone and move toward them as if you are going to physical hurt them, you have assaulted them. However, no physical contact occurs.
If physical contact does occur, you are engaging in a battery. Under Okla.Stat. tit. 21 §642, you commit a battery when you intentionally, physically hurt someone else. You must also use violence or force to cause the injury. For example, punching another, throwing something at someone with intentions of hitting and hurting them are both battery. As you can see the crimes differ on one main point. Assault is making someone fear injury, while battery is actually physically causing injury.
Legal Consequences for Assault and Battery.
Battery is a more serious crime than simple assault. If it is only a simple battery then the charge could be a misdemeanor with a 90 day sentence. This may also include a $1,000 fine. If the battery is more serious, then you could face a felony charge. Felony charges generally occur when the battery is against a romantic partner, a roommate, or any medical or emergency workers. Assault has a much lighter sentence. It is a misdemeanor and has a $500 fine with a possible 30 days imprisonment.
Call Our Okmulgee Criminal Lawyers For Help.
Theses two crimes are fairly common charge. This is because the nature of assault can take so many different forms. We understand that there is always more than one side to every incident. If you are facing unfair charges let us know. We have years of experience defending clients who need help. Contact the Okmulgee lawyers at Kania Law Office. Our first consultation is free. 918.621-8083