What Is Aggravated Assault and Battery?

Under Oklahoma law, a criminal charge of assault and battery is typically prosecuted as a misdemeanor offense. However, under certain circumstances, the charge may be elevated and may even be considered a felony. For example, if you have one or more prior assault and battery convictions on your record, you could be facing a felony charge. Felony convictions carry stiffer penalties than misdemeanors.

Another way that an assault and battery case may be elevated is if there were one or more aggravating factors. In these instances, the charge is referred to as aggravated assault and battery.

What Is an Aggravating Factor?

Oklahoma statutes spell out the elements that may elevate an assault and battery charge to aggravated assault and battery:

• If the victim suffers great bodily injury (broken bones, disfigurement, impairment, or risk of death)
• If a healthy person commits the assault and battery against someone who is elderly, decrepit or disabled

What Are the Penalties for Aggravated Assault and Battery?

If found guilty of aggravated assault and battery, you could face a fine of up to $500 and a prison sentence of up to five years.