Aggravated Assault and Battery in Oklahoma

In Oklahoma, assault and battery are two separate crimes but also can be charged as the single crime of “assault and battery.” An offender is guilty of “assault and battery” when the act of assault culminates in a battery. This crime can be a misdemeanor or a felony in Oklahoma.

Assault occurs when a person threatens or attempts to cause physical harm to another person. (Okla. Stat. Ann. Tit. 21, §641.) The threat must involve physical action like drawing a fist or charging toward a victim. Words alone are not enough.

A battery is the intentional use of force against another person, causing harm or offense to the victim. Striking a person with a fist and spitting on another both are acts that constitute battery. (Okla. Stat. Ann. Tit. 21, §642.)


Aggravated Assault and Battery

The crime of assault and battery is aggravated if:

  • the attack results in great bodily injury to the victim, or
  • the crime is committed by an able-bodied person against an elderly, disabled or incapacitated person. (Okla. Stat. Ann. Tit. 21, §646.)

Great Bodily Injury

A person commits aggravated assault and battery if he causes more than minor injury to the victim. Great bodily injury consists of:

  • bone fracture
  • visible or obvious disfigurement that is more than temporary
  • loss of function of a body part or organ of the body that is more than temporary
  • long term brain injury, or
  • injury involving serious risk of death.

Aggravated assault and battery is a separate crime from assault and battery with a dangerous weapon. For information on the crime of assault and battery with a dangerous weapon, see Assault and Battery with a Dangerous Weapon in Oklahoma.

Assault or battery committed against a spouse, family member or someone you are dating is considered domestic abuse and can result in higher penalties than general assault and battery. For more information about domestic abuse laws, see Domestic Violence Laws in Oklahoma.

Penalties for Aggravated Assault and Battery in Oklahoma

A person who commits aggravated assault and battery can be sentenced to serve up to five years in prison or ordered to pay a fine up to $500, or both.

Assault and battery against certain victims

Aggravated assault and battery against certain victims in Oklahoma is considered a more serious offense and subjects the offender to a greater penalty such as a higher fine and a longer prison sentence. These special victims include:

  • law enforcement officers while engaged in the performance of their duties
  • emergency medical providers while performing medical duties
  • school employees engaged in performing their duties, and
  • human services department employees engaged in the performance of their duties if the offender is in the custody of that department

The enhanced penalty for aggravated assault and battery against a special victim can be very significant. For example, aggravated assault and battery on a law enforcement officer is punishable by up to life in prison. If the offender knew that the victim was a law enforcement officer and causes great bodily injury the officer, the required minimum prison sentence is five years but the court, again, can impose a sentence up to life in prison.

(Okla. Stat. Ann. Tit. 21, §650)


A person convicted of aggravated assault and battery in Oklahoma can be required to pay restitution, which involves reimbursing the victim for any expenses resulting from the crime, such as the cost of medical treatment or counseling or repair or replacement of damaged property.

Sentencing and Probation

A court in Oklahoma can impose a deferred or suspended sentence for aggravated assault and battery.

Deferred sentence

The court can defer the proceedings in a case for up to ten years without entering a judgment of guilt and later dismiss the case if the defendant complies with certain conditions which can include probation, community service, or even serving a period of time in jail or prison. A person on supervised probation must meet with a probation officer and comply with conditions of probation such as treatment, maintaining employment and avoiding any further criminal activity or arrests.

Suspended sentence

A court also can suspend all or part of a prison sentence and allow the defendant to serve all or part of the sentence on supervised or unsupervised probation so long as the defendant complies with the conditions of probation. The court can impose probation for up to two years or for as long as the maximum possible sentence in the case.

Pleas and Pre-Trial Options


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