Losing your cool can cost you if you get arrested on Muskogee, Oklahoma assault and battery charges.
If arrested, you may be charged with a misdemeanor crime under either Muskogee or Oklahoma law.
If you or someone you know faces Oklahoma assault and battery charges, contact a Muskogee criminal defense attorney today.
Defining Assault and Battery
Although usually charged together, assault can sometimes be separate from battery.
Under both Muskogee and state law, an assault is any willful and unlawful attempt to use force or violence to physically harm another person.
Here, you do not actually have to harm the other person.
The attempt is enough, as long as they reasonably believed they would be injured.
Battery, on the other hand, is any willful and unlawful use of force or violence upon the person of another.
To be charged with battery, you must have actually come into violent contact with another.
Any unconsented, offensive touching suffices as proof of “force.”
If anyone has committed battery, they have also committed assault. (Muskogee Code Sec. 54-46).
Defending Oklahoma Assault and Battery Charges
Assault and battery is usually a straightforward crime, especially if the victim is willing to testify or there is other evidence that an assault and battery has occurred.
However, this crime can be difficult for a prosecutor to prove if there is evidence that the victim somehow consented to the physical force.
Two men who challenge each other to a boxing match, for instance, may complicate a charge of assault and battery for a prosecutor.
Penalties
Penalties for the misdemeanor crime of assault can result in imprisonment in the county jail for up to 30 days and a fine of $500.
A conviction of assault and battery in Oklahoma can lead to 90 days in the county jail and a fine of $1,000.
Anyone who commits assault and battery against someone they have a domestic relationship with can face up to one year in jail and $5,0000 in fines.
Low-cost Consultation: Muskogee Criminal Defense Lawyer
A guilty conviction of assault and battery can lead to serious consequences.
If you or someone you know is faced with Oklahoma assault and battery charges, contact a Muskogee criminal defense attorney to discuss your available legal options.
Consult with an experienced attorney at the Wirth Law Office – Muskogee today by calling 918-913-0725.
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