Although the term ‘assault and battery’ is often used together, the two are actually separate crimes. However, they often occur together, and, if so, the defendant faces both charges.
The punishments associated with conviction vary based on factors such as the type of force used and the victim of the crime.
Definitions and examples of each crime
According to the Oklahoma Statutes, assault refers to the threat or attempt of violence or force upon another. An example of assault is when a person raises a fist in front of someone or threatens to hurt another individual.
Battery is the intentional use of violence or force on another. An example is actually punching someone or using an object to cause harm. If someone first threatens to hurt and then uses force to do so, he or she may face both an assault and battery charge.
The courts do not consider using force against another to be unlawful if someone does it in self-defense.
Punishments for assault and battery
According to the Oklahoma State Courts Network, the punishment for assault is jail time of up to 30 days, a fine of up to $500 or both. A conviction for assault and battery may result in jail time of up to 90 days, a fine of up to $1,000 or both.
If assault and battery occur with the use of a dangerous weapon, this is a felony and may result in prison time of up to 10 years. Aggravated assault or assault and battery against an intimate partner or household member result in more serious punishments.