Aggravated Assault and Battery

Aggravated assault and battery is, for the most part, where you're breaking a bone. Now we do see it sometimes where you beat up some old person or some person that can't defend themselves because of their age or disability. But most often, what do we see? We see a fight.

A simple assault and battery get charged with aggravated because somebody breaks a bone. Now contrast that to maiming, where there's a permanent disfigurement or disability that you cause to someone else, and you're causing that injury on purpose. There's a specific intent and mental state that exists within maiming that doesn't exist within aggravated assault and battery.

21 O.S. Section 645 states:

An assault and battery becomes aggravated when committed under any of the following circumstances:

  1. When great bodily injury is inflicted upon the person assaulted; or
  2. When committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated, as defined in Section 641 of this title.

For purposes of this section "great bodily injury" means bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or substantial risk of death.

21 O.S. Section 751 defines maiming as "Every person who, with a premeditated design to injure another, inflicts upon his person any injury which disfigures his personal appearance or disables any member or organ of his body or seriously diminishes his physical vigor, is guilty of maiming."

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.

Lee Berlin
Dedicated to defending clients accused of domestic violence, sex & violent crimes throughout eastern Oklahoma.