Aggravated assault and battery starts out a simple assault gone real bad. Oftentimes, this arises from an argument or heated exchange that went too far. Maybe an argument turned into a physical fight that quickly escalated to violence, or what started as self-defense became more aggressive than necessary. Whatever the cause, the following can help you understand the charges you face and what to do when you see the criminal judge in Rogers County.
Proving Aggravated Assault and Battery in Claremore:
You may wonder when “assault and battery” crosses over into “aggravated assault and battery.” Referring to Okla. Stat. tit, 21 § 646 assault and battery becomes aggravated assault and battery when two specific events occur. First, great bodily harm must be inflicted upon the victim. This includes bone fractures, mental and/or physical impairment, serious risk of death, and more. Second, the victim must be elderly, incapacitated, or of less robust health than the person committing the assault and battery.
In certain situations aggravated assault and battery may elevate to domestic abuse. This occurs when the assault is against a romantic partner or a family member. Under law, these incidents increase penalties. Further, another class of special victims exist. These are on-duty police, firefighters, medical officers, and school officials, as well as referees and court officers. Penalties for assaulting anyone falling into one of these categories can subject the accused to much harsher penalties also.
Aggravated Assault and Battery Penalties:
It is a felony to commit aggravated assault and battery. At minimum, a felony aggravated assault in Oklahoma can subject the offender to up to 5 years in the state prison, as well as a possible fine up to $1,000. Additionally, convicted offenders may have to pay fines and restitution to the victims. This includes medical bills, damages property fees, and more. The most devastating effect however, is the fact that aggravated assault and battery remains on your permanent record. With this conviction on your record, you may lose your right to vote or own a firearm. Further, attaining certain professional licenses and housing in certain areas may be problematic too.
Our Claremore Aggravated Assault and Battery Attorneys Can Help:
Aggravated assault and battery is a serious charge. Its a jail-able criminal offense that can cost you both your freedom, your money and ultimately can remain on your criminal record. This kind of crime is a crime of violence or a crime of domestic violence. This type crime impacts the way you’ll be treated by your employer and others because of the resulting criminal record. Our Claremore Attorneys Law Office can help you. Call 918-379-4872 for a free consultation or visit our Claremore Attorneys blog for more information. We care about you and your criminal case.
