Criminal charges carry serious implications for the accused. Aggravated assault and battery is no exception. If you’re facing an aggravated assault charge, you need to consult a criminal defense attorney as soon as possible to protect your rights. Oklahoma City attorney Patrick Quillian has extensive experience defending violent crimes, and will fight to obtain the best possible outcome in your case.
Under Oklahoma criminal law, assault occurs when a person threatens or attempts to cause physical harm to another person. Words alone are insufficient; they must be accompanied by a physically threatening action.
Battery is the actual use of intentional force against another person, causing offense or harm. Simply threatening to hit someone is assault. If you actually hit someone after making the threat, you can be charged with assault and battery.
The crime of aggravated assault and battery occurs when:
the attack results in great bodily injury to the victim, or
the crime is committed by an able-bodied person against an elderly, disabled, or incapacitated person
Great bodily injury includes bone fracture, protracted disfigurement, protracted loss of function of an organ or body part, long-term brain injury, or serious risk of death.
While assault and battery is typically a misdemeanor in Oklahoma, aggravated assault can be considered a felony and potentially carries much greater penalties, including jail time.
A conviction for aggravated assault in Oklahoma carries a penalty of up to five years in state prison or up to $500 in fines, or both. Penalties can be heightened, including longer prison sentences or higher fines, if the victim of the aggravated assault and battery is in any of the following categories of individuals in the performance of their official duties:
The enhanced penalties for these classes of victims can be significant. For example, if the attacker knew his victim was a law enforcement officer at the time of the assault and battery and the attack results in great bodily injury, the minimum prison sentence is five years. However, the court can impose a much heavier sentence, including life in prison.
A person convicted of aggravated assault and battery can also be required to pay restitution to his or her victim, including the costs of medical treatment, counseling, or property damage resulting from the crime.
If you’re facing a charge of aggravated assault and battery, you have options. In certain circumstances, an Oklahoma court can impose a deferred or suspended sentence, both of which involve probation. An attorney will also investigate the facts of your case and determine whether there are any grounds for dismissing the charges. Alternatively, your attorney may be able to negotiate a plea bargain on your behalf that will result in a lighter sentence. If no plea options are available, you’ll need someone vigorously defending your case in court.
A felony conviction becomes part of your permanent criminal record and can have long-lasting repercussions on other aspects of your life. A charge of aggravated assault and battery must be taken seriously, and it’s crucial to obtain the best defense counsel available. Oklahoma City violent felony defense lawyer Patrick Quillian is an experienced criminal defender dedicated to the unrelenting protection of his clients’ rights. If you or someone you love is facing a violent felony charge, contact us today to discuss your options.