How Are Assault And Battery Charges Defined In Oklahoma?
There are a few common charges which can be brought against you if the government claims they have evidence of a certain type of victim. The first, is domestic assault and battery. This can accompany a variety of criminal charges, but it’s charged if you have a specific type of relationship with an alleged victim. Under Oklahoma law, these types of relationships include those with your former spouse, a current spouse of your former spouse, a former spouse of your present spouse, your parents (or foster parents), your child, a person otherwise related to you by blood or marriage, a person that you are in or were in a dating relationship with, a person that you’ve had a child with or a person who you formerly or currently lived in the same household with (a roommate). Anytime you are being accused of assault and battery by an individual who claims to be in one of these types of relationships with you, the government can charge you with domestic violence assault and battery.
The second charge that’s specific to a victim is called aggravated assault and battery. Aggravated assault and battery is a felony charge that can be brought if the alleged assault and battery occurred against a victim who is aged or incapacitated. This could be an elderly person, someone with physical or mental disabilities, or someone that’s unconscious. This felony charge carries up to five years in prison.
Another common victim-specific assault and battery is assault and battery against a law enforcement officer. Law enforcement officers include police officers, sheriffs, deputies, highway patrol officers, correctional officers and any other state peace officer that’s employed in some sort of state capacity. To be specific, this charge can only be brought if the law enforcement officer was performing their official duties at the time of the incident. It does not apply to officers who were off-duty, even if they were in uniform or performing a second job as a security officer. This felony carries up to five years in prison.
Finally, there is a specific charge for assault and battery on medical personnel. Medical personnel includes doctors, residents, interns, nurses, nurse aides, ambulance attendants and operators, paramedics, emergency medical technicians and members of the hospital security force. It is automatically a felony charge and carries up to two years in prison.
How Does The Degree Of Injury Suffered Affect An Assault Charge?
The degree of injury will affect the charge by defining it as either a felony or a misdemeanor. A minor injury or no injury at all will result in a misdemeanor charge. If there is evidence of a more serious injury, then a felony charge will be brought. The felony charge is aggravated assault and battery, which can be charged if the government believes that they have evidence of great bodily injury. Under Oklahoma law, great bodily injury is defined as an injury that results in a bone fracture, an obvious disfigurement, a loss or impairment of a function of a body part, organ or mental faculty, or if the injury causes a substantial risk of death.
Does An Alleged Victim Have To Be Injured In Order For An Assault Charge To Be Made?
You can be charged with the misdemeanor of assault and battery with no injury present. The presence of an injury doesn’t automatically make the charge a felony charge. There must be a certain degree of injury in order to reach felony a charge. Under Oklahoma law, battery is defined as any unwanted touching, so a battery charge can occur in the absence of an actual injury.