In January of 2017, Mayes County officials arrested a nursing home care taker for 17 counts of abuse and a count of aggravated assault and battery. The arrest occurred after the care taker and a resident got into a physical fight. As a result, the resident had a bite mark on her nose from the altercation. After extensive interviews, the police said all 18 residents admitted some type of abuse or exploitation at the hands of this care taker. Aggravated Assault and Battery in Creek County and throughout Oklahoma is a serious charge. If you’re facing these charges, read on to understand more about what this criminal charge is and how we can help you.
Oklahoma’s Aggravated Assault and Battery Laws:
Assault and battery becomes aggravated when a couple of things occur. Oklahoma Statute Title 21 § 646 defines this as (1) when great bodily harm is inflicted upon the person assaulted; OR (2) if the person committing the assault and battery is of good health and the victim is aged, incapacitated, or decrepit. So the case above falls under the second requirement since the victims are elderly.
The term “great bodily harm” is further specified. It can be disfigurement, bone fractures, and even serious risk of death to the victim. If the aggressor attacks a romantic partner or a family member than the assault becomes domestic abuse and is subject to harsher penalties. Even higher penalties occur for on-duty officers: police, firefighters, court officials, etc.
Aggravated Assault and Battery Penalties:
Oklahoma views aggravated assault and battery as a felony. Generally, felonies in Oklahoma have a sentence of 5 years imprisonment and a possible fine reaching $1,000. After paying the fine, perpetrators may also have to pay restitution in the form of medical fees, damages property, or more.
Need information on expunging criminal records in Creek County.
Call Our Creek County Aggravated Assault and Battery Lawyers:
Our attorneys in Sapulpa understand that aggravated assault and battery is a serious charge. Felony charges remain on your permanent record and impact employment and other aspects of your life. We can help tailor you a defense to meet your specific situation. Our first consultation is free. Call our criminal defense lawyers or read our Creek County law blog for more information