What is the Difference Between Assault and Battery?

Whether guilty or not, facing assault or battery charges can put a screeching halt to your life. You could face jail time, hefty fines, and strained relationships with loved ones. Regardless of the circumstances, ensuring you have a competent and seasoned Oklahoma City assault and battery lawyer on your side is crucial to helping you receive the best possible outcome for your situation.

What Constitutes Assault?

In Oklahoma, assault is defined as the unlawful and willful attempt with force or violence to harm another person. Essentially, anytime someone is reasonably apprehensive or fearful of harm due to an imminent threat is assault.

So, using threatening language in conjunction with a threatening stance or other menacing action can constitute a charge, even if no physical contact occurs.

What Qualifies as Battery?

Battery is often considered a more severe charge than assault, defined as the intentional use of force against another person, causing harm or offense. This is due to the fact that deliberate, physical contact needs to occur in order to charge someone with battery.

Examples of battery include slapping, pushing, shoving, spitting on, or punching another person with the intent to cause harm. If a weapon is involved, it can constitute an aggravated battery charge.

Are the Consequences Different?

The penalties for the two charges are different despite the similarities of the crimes,

Generally, simple assault is a misdemeanor, while assault with intent to kill is considered a felony. It is critical to keep in mind that the extent of the injuries inflicted on the victim will determine whether the charge is first, second, third, or fourth-degree assault. Battery is also considered a misdemeanor in Oklahoma.

However, someone can be charged with assault and battery, which can be either a misdemeanor or felony in Oklahoma. For example, threatening to strike someone and then actually hitting them is an assault and battery charge. Instead of trying these instances separately, they are combined into one felony charge.

It’s important to understand that the penalties for these charges extend past a one-time jail sentence or fine. They can leave a permanent stain on your record. Instead, enlisting the help of a competent attorney from the Jones Firm, PLLC guarantees you’ll have someone on your side fighting for you.