Oklahoma City Assault Lawyer
Assault charges can arise from a wide variety of situations, but generally speaking a police report fails to truly explain the exact circumstances of what happened. People’s interactions are hard to fully explain in just a few pages of scribbled notes; therefore, those charged with assault shouldn’t have their fate decided based solely on one police report. If you have been charged with assault in Oklahoma City, we can explain the charges against you and your legal options. We work to mitigate the effects of your arrest on your life and fiercely defend your rights throughout the legal process.
What Is Legally Considered Assault?
Under Oklahoma law, assault is defined as “any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.” As an example, an assault occurs when an individual throws a punch, with the intent to hit that person, but misses. Most people would be surprised to learn that assault only refers to intent. What most people think constitutes assault would actually fall under a battery charge. Battery refers to the use of force or violence to harm someone else. This small difference might not seem important, but it will have huge implications for sentencing.
Assault is typically considered a misdemeanor, which means it is punishable by up to 30 days in jail and a fine of up to $500. However, when an individual is charged with both assault and battery, they could be facing up to 90 days jail time and a fine of up to $1,000. Jail time and fines could increase depending on the circumstances of each case, such as whether or not a deadly weapon was used, if the battery resulted in serious bodily injury, or if the battery was against a public servant or elderly person.
Aggravated Assault and Battery
Assault and battery is most often a misdemeanor; however, aggravated assault and battery is a felony that comes with much stricter penalties. An aggravated assault and battery occurs when great bodily injury is inflicted upon the person assaulted. This can lead to up to five years in prison or one year in jail and up to a $500 fine.
Domestic Violence and Assault
The Oklahoma City assault lawyers at our firm frequently see assault and battery charges coupled with domestic violence charges. Domestic violence charges are brought when the assault and/or battery is undertaken against a spouse, parent, child, relative, girlfriend/boyfriend, or roommate. While the first offense is only a misdemeanor, it can be punishable by up to one year in jail. Additional offenses will be considered felonies and can lead to up to four years prison time. Just like with assault and battery, domestic violence charges can be elevated based on whether or not a deadly weapon was used, if children were present for the violence, or if the assault involved a pregnant woman, among other factors.
Assault With A Dangerous Or Deadly Weapon
Under Oklahoma Law, one can be charged with Assault and Battery with a Dangerous Weapon, or Assault and Battery with a Deadly Weapon. Anytime an assault occurs with the use of a “sharp or dangerous weapon,” it is a felony. The law specifies that the use of this weapon be undertaken with the intent to injure and not the intent to kill. Individuals found guilty of assault with a dangerous weapon can expect a sentence of up to ten years in prison or one year in jail. It’s important to note the law applies a very broad definition of what is considered a dangerous weapon. While we commonly think of weapons as referring to guns and knives, the reality is anything can be considered a weapon even if its primary purpose is not for causing harm. Those facing a charge of Assault and Battery with a Deadly weapon, such as shooting with intent to kill or “drive by” shootings, can face a punishment range of up to life in prison at 85 percent.
How An Oklahoma City Assault Attorney Can Help
Assaults are never as simple as they seem. These charges can arise from misunderstandings, acting in self defense, or from other circumstances that hardly deserve criminal charges. An Oklahoma assault attorney can help the accused set the record straight and resolve these issues as quickly and fairly as possible. An attorney may be able to lessen the charges, negotiate plea deals, or have the charges completely dropped. Just because you have been charged with a crime does not mean you are guilty; and, you do not have to accept a penalty without speaking to an experienced Oklahoma assault lawyer.
Taylor McLawhorn has extensive experience assisting clients facing assault charges. In one case, his client was charged with Assault with a Dangerous Weapon and was incarcerated in county jail. Taylor McLawhorn proceeded to trial and the jury found the client only guilty of Misdemeanor Assault and asked he be sentenced to 90 days in the county jail, time served. Because the client had already served the 90 day sentence awaiting trial, he was released the day the verdict was read.
We understand criminal assault charges can have a huge impact on your life now and in the future. That’s why we work hard to minimize the impact of these charges on your life while pursuing the best resolution to your case. If you are facing assault, assault and battery, domestic violence, or aggravated assault and battery charges, don’t wait to contact us. We can help you navigate through these charges. Contact us for a free consultation.