Tulsa Assault and Battery Defense Attorney
Criminal defense attorney, Greg Lavender, provides diligent and aggressive representation to those accused of assault and battery in Tulsa. While he is ready to serve as defense attorney in a wide variety of criminal cases, he has significant experience representing clients facing assault and battery charges.
When we hear the phrase “assault and battery,” images of a violent altercation come to mind. But, the truth is that assault and battery are two separate crimes and are defined differently than we might expect.
What is an assault?
According to Oklahoma law assault is defined as “any willful and unlawful attempt or offer with force or violence to do a corporal harm to another.” Therefore, intentionally and illegally threatening to or trying to hurt another constitutes an assault.
What is a battery?
Under Oklahoma law battery is defined as “any willful and unlawful use of force or violence upon the person of another.” This means that battery is the intentional and illegal touching of another. Under the above definitions, many different types of conduct can qualify as assault and battery. For example, raising your hand to another can be enough to constitute an assault while spitting on someone can be enough to constitute a battery.
How are the crimes of assault and battery charged in Oklahoma?
Assault and battery is an umbrella term that covers various courses of conduct. These crimes can be charged as misdemeanors or felonies and the particular provision you are charged under will depend upon several factors such as the severity of the conduct and the relationship of the defendant and the alleged victim. For example, the assault and/or battery of a relative or spouse is a different crime from the assault and/or battery of a police officer. Assault and battery becomes the more serious crime of aggravated assault and battery when the victim suffers great bodily injury or is particularly vulnerable. Assault and battery also become more serious crimes when a weapon is used in their commission. The various types of assault and battery under Oklahoma law are as follows:
- Assault and/or battery of a family member or an individual you are or were dating (Domestic Assault and Battery)
- Assault and/or battery of a police or peace officer
- Assault and/or battery of an umpire or referee
- Assault and/or battery of a corrections, human services or juvenile affairs employee
- Assault and/or battery of emergency medical care providers
- Assault and/or battery of an officer of the state district or appellate court, Workers’ Compensation Court, witness or juror
- Assault and/or battery of a school employee or student
- Assault and/or battery of an employee of a facility for delinquent children, juvenile detention center or juvenile bureau
- Medical battery
- Aggravated assault and battery
- Aggravated assault and battery with a dangerous weapon
Depending upon the circumstances of your particular case, you could be facing fines, imprisonment and restitution after being found guilty of assault and/or battery.
If you have been accused of assault and battery, it is imperative that you retain a qualified criminal defense attorney to represent you. Attorney Greg Lavender in Tulsa, Oklahoma offers a free consultation followed by zealous representation in every case.
