A charge of assault and battery usually follows a fight or physical use of force against another person.
Although assault and battery is usually a misdemeanor crime, aggravated assault and battery charges in Muskogee, Oklahoma can be much more serious and lead to large fines and lengthy prison sentences.
Defining Aggravated Assault and Battery
Although most battery can cause injury to another person, the crime becomes “aggravated” if a victim suffers “great bodily injury.”
The state of Oklahoma defines great bodily injury as 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.
Therefore, even a broken finger can escalate a standard assault and battery charge to aggravated assault and battery.
Aggravated assault and battery also occurs when committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated.
Defending Aggravated Assault and Battery Charges
From the court’s perspective there can be a fine line between aggravated assault and battery charges and a simple assault and battery charge.
Often, this line is towed when determining if the victim actually suffered “great bodily injury.”
For example, one judge may determine that severe bruising is not great bodily harm while another may determine that it is. This decision is often made on a case-by-case basis.
An experienced defense attorney can therefore help mitigate the charge from aggravated assault and battery to a misdemeanor simple assault and battery charge.
Punishing Aggravated Assault and Battery
In order to secure a conviction against a defendant accused of aggravated assault and battery, a prosecutor must prove:
- that an assault and battery occurred
- upon another person and
- inflicted great bodily injury.
Anyone found guilty of aggravated assault and battery charges in Oklahoma faces up to five years in the state penitentiary and up to $500 in fines.
Initial Consultation: Muskogee Criminal Lawyer
A charge of assault and battery can easily go from a misdemeanor to a felony if it is prosecuted as an aggravated case.
If you or someone you know is faced with aggravated assault and battery charges, please contact a Muskogee criminal defense attorney to discuss your available legal options.
Consult with an experienced Wirth Law Office – Muskogee attorney today by calling 918-913-0725.
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