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Criminal Battery in Oklahoma Criminal Law

Oklahoma's Criminal Battery Statute

The Oklahoma criminal Battery statute can be found at Oklahoma Statute Title 21 O.S. Section 642 and reads as follows:

Definition of Battery

A battery is any willful and unlawful use of force or violence upon the person of another.

Under Oklahoma Law the Slightest Force can Constitute a Battery

Adoption of the general rule that only the slightest force or touching is necessary to constitute the requisite element of force is consistent with both the uniform instructions adopted by this Court and other statutory provisions regarding the definition of force. * * * It is also important to note that the legislature did not require a certain degree of force to constitute a battery. Thus, we must assume that any amount of force is sufficient. Accordingly, we hold that only the slightest touching is necessary to constitute the force or violence element of battery. Such a holding is in conformity with a majority of the jurisdictions and is consistent with current statutes defining the elements of battery. Id. at 12

See Steele v. State, 1989 OK CR 48, 778 P.2d 929.

There are many Different Types of Battery Charges in Oklahoma

Battery is both a simple misdemeanor crime in Oklahoma and battery is also used to define many other offenses such as Domestic Assault and Battery, Domestic Assault and Battery by Strangulation, Assault and Battery with a Dangerous Weapon, Assault and Battery with a Deadly Weapon, Sexual Battery and other forms of battery. Some battery charges are misdemeanors and some are felonies. To determine in the type of battery you are charged with is a misdemeanor or a felony you have to check the information filed against you.

In Oklahoma a simple battery (often charges as Assault and Battery) is a misdemeanor punishable by 0 to 90 days in the county jail and upto $1,000 fine.

Battery is a Non-85% crime

Return to the Oklahoma Criminal Law Guide

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