If you have been arrested for assault or battery, you have been accused of one or both of the following things:
Put simply, assault is trying to hurt someone, and battery is actually making contact with someone while trying to hurt them.
A fight between two students or two guys at a bar is a simple misdemeanor that carries between 30 and 90 days in jail and up to a $1,000 fine.
However, Oklahoma has a domestic violence problem, so the laws are different when fights are between family members or romantic partners. A fight at a bar between a boyfriend and girlfriend is treated much differently than a fight between two strangers at a bar over a Cowboys game. Domestic assault and battery carries up to a year in jail and a $5,000 fine, and that's just for a first offense. If a person has previously been convicted of domestic assault and battery and gets charged with it again, they face at minimum up to four years in prison and a $5,000 fine. Even for a first offense, a charge of domestic assault and battery, just like a charge for violation of protective order, includes a required 52 week batterers' intervention program. Every Oklahoma county will require any defendant pleading "guilty" or "no contest" to a domestic assault and battery charge to attend and complete a year-long batterers' intervention course.
There are other circumstances that can make assault and battery charges even more serious. The charge can vary depending on if there was a sharp or dangerous weapon, or if the victim was a pregnant woman, an elderly person, a cop, a medical care provider, or a school employee, or if a child was present.
Our work with families requires us to be ready to deal with allegations of violence, including accusations of domestic abuse, assault and battery, and other crimes. We have special training in domestic violence both for family court cases and for criminal defense. We have successfully defended spouses wrongfully accused by their exes and parents who have been falsely accused by their children. Each attorney is an active member of the Oklahoma Criminal Defense Lawyers Association and the National Association of Criminal Defense Lawyers. If you are accused of assault or battery or both, do not say anything other than, "I need to talk to my lawyer," and call us.