Aggravated assault in Tulsa is a more serious form of assault than simple assault and can carry heavier penalties. This charge typically involves either causing serious physical harm or using a deadly weapon. Because The injury to the victim is often great; thus, this crime is often a felony.
Oklahoma law defines aggravated assault and battery as an assault in which great bodily injury is inflicted on the victim or an assault by a perpetrator who is strong or in robust health against a victim who is elderly or otherwise incapacitated. Okla. Stat. tit. 21 § 646
If you’ve been charged with aggravated assault in Oklahoma, it is essential to consult with an experienced Tulsa aggravated assault attorney. Your attorney will evaluate the charges and take specific steps to protect your rights and prepare for the legal process ahead. Here are some key steps you should consider:
Consult with an experienced Tulsa aggravated assault attorney
- As noted above, it is imperative to immediately consult with an experienced criminal defense attorney, particularly one who specializes in violent crime or assault cases in Oklahoma. A good attorney will guide you through the legal process, review the evidence, and work to build a defense tailor-made to meet your needs.
- Anything you say could be used against you in court, so it’s important to have legal representation during any questioning or investigation. Simply put: Do not speak to law enforcement without your attorney present.
Know the Potential Penalties
- Misdemeanor or felony: Aggravated assault can be classified as a misdemeanor or felony, depending on the circumstances, such as the severity of the injury or whether a weapon was involved.
- Potential punishments: Felony aggravated assault convictions can result in substantial fines, long-term imprisonment, and a criminal record that may affect employment, housing, and other aspects of your life. Penalties can range from 1 to 5 years in prison, depending on the case specifics.
Bail and Release
After the arrest, you may be given the opportunity to post bail. Your attorney can assist in negotiating reasonable bail terms and ensuring your release while awaiting trial.
Gather Evidence and Witnesses
Work with your attorney to gather any evidence that may help your defense. This could include:
- Witness testimony
- Surveillance footage
- Medical records showing the severity (or lack thereof) of the injuries
- Self-defense evidence, if applicable
Possible Defenses
Several defenses might apply to your case, and your attorney will customize a legal defense strategy based on the circumstances, including:
- Self-defense: You acted to protect yourself or others.
- Defense of property: You were protecting your property from an intruder.
- No intent to harm: You did not have the intent to commit aggravated assault, or the harm was accidental.
- False accusations: If the alleged victim is making false claims or exaggerating the situation.
Follow Court Instructions
- Attend all hearings: Missing court dates can result in additional charges or a warrant for your arrest.
- Comply with any court orders: This could include no-contact orders, travel restrictions, or anger management classes.
Explore Plea Bargains
Depending on the strength of the evidence, your attorney may negotiate a plea bargain with the prosecution, potentially reducing the charges or penalties in exchange for a guilty plea.
Prepare for Trial (if necessary)
If your case goes to trial, your attorney will help you prepare a defense, cross-examine witnesses, and challenge the prosecution’s evidence. Having an experienced trial lawyer is critical.
Why Experience the Fry & Elder Difference
Fry & Elder has been a hallmark of legal excellence since opening its doors in 1932. Our team of criminal defense attorneys will not only meticulously analyze the dynamics of your legal issue but develop a customized gameplan to help best navigated you through the legal process.
Our firm is not only highly reputable in Tulsa and throughout the state of Oklahoma, it has been named to the U.S. News & World Report’s Best Law Firms List every year since 2014.
Preparation and the desire to give our clients the best representation possible are the motivating factors that enable us to be better informed and prepared than other attorneys. Contact Fry & Elder today to set up a personal consultation with an experienced Tulsa aggravated assault attorney.