You consider yourself a law-abiding citizen who plays by the rules. You've never been in trouble with the court before, so it's understandable that you're shocked by your recent Oklahoma assault and battery charges. Who could have anticipated that one misunderstanding or moment of weakness could have such serious consequences?
Possible Penalties for Assault and Battery in Oklahoma
The exact penalties you're facing for assault and battery depend on the circumstances of the crime. A simple assault and battery is punishable by up to 90 days in jail, a fine of up to $1,000, or both. Aggravated assault and battery is punishable by up to one year in jail or up to five years in prison plus a fine of up to $500. The penalties are even greater when a weapon is involved or the victim is severely injured.
In some cases, your Oklahoma assault and battery charge may be accompanied by other charges for related offenses. For example, we often see kidnapping charges added to an assault and battery charge when a client is accused of preventing the alleged victim from freely leaving the premises. The more charges you’re facing, the greater the need for immediate legal assistance becomes.
Building a Strong Defense
You know that you're a good person, but you simply can't afford to sit back and hope the state of Oklahoma agrees with you. It is the prosecutor's job to uphold the law, so they aren't interested in hearing about your prestigious career, history of volunteer work, or positive community reputation. They are paid to push for the maximum penalty the law allows, regardless of what that means for your future.
Whenever you're facing assault and battery charges, you need to contact an experienced criminal defense attorney as soon as possible. Your attorney can investigate the facts and build a defense. Common defenses against assault and battery charges in Oklahoma include:
- Lack of ability, which means you were physically unable to commit the crime
- Self-defense or protection of another individual
- Lack of intent, which means the force was accidental and you didn't plan to cause harm
- Preventing harm caused by a mentally ill or otherwise impaired person
- Wrongful accusation
In Tulsa, Berlin Defense represents those who've been charged with violent crimes such as assault and battery. We carefully consider the fact patterns found in each client's case, including those involving coercive control in intimate partner relationships, to create an effective defense strategy.
Avoiding Jail Time
Obviously, the best possible option for your case is to avoid jail time by having the charges dropped altogether or having you found not guilty in court. However, as a first-time offender, you may still be able to avoid jail time with a suspended sentence or deferred sentence.
- A deferred sentence dismisses the charges entirely if you successfully complete your probation. This option also prevents the stigma of a criminal record.
- A suspended sentence replaces some or all of the time you were to serve in jail with probation.
Your attorney can answer any questions you may have about your options for avoiding jail time, given the specific circumstances of your case.
Showing Remorse Appropriately
Feeling ashamed of your actions and wanting to make amends means that you have a strong moral character. However, there is a right and wrong way to show remorse. Reaching out to the alleged victim directly or posting about the case on social media, for example, can do more harm than good. It is better to save your show of remorse for the judge who will hear your case.
To learn more about the well-intentioned actions that may actually end up hurting your case, we encourage you to request our free offer, Top 10 Ways You Are Killing Your Defense. This informative guide will help you better understand how to protect your legal rights and safeguard your future.
Have You Been Charged With a Violent Crime in the Tulsa, OK Area?If you or a loved one has been charged with a violent crime in the Tulsa, Oklahoma area, you need to speak with an experienced criminal defense attorney as soon as possible. Please contact us online or call 918.384.0850 for your initial strategy session. We are proud to serve Tulsa and all surrounding areas.