Are you one of the hundreds of people who have been injured in assault and battery in Oklahoma?
An assault can leave you with serious injuries, both physical and psychological, that negatively impact your life. You do not deserve to face an uncertain financial future because of your assault.
While most personal injury lawsuits involve accidents, they can also be brought against someone who inflicted harm intentionally.
As the victim of assault, you may have the right to recover compensation from the person or persons responsible for your injuries.
At McGuire Law Firm, a compassionate Oklahoma City assault injury lawyer can help you pursue justice and compensation to help you move on with your life. You aren’t alone: contact McGuire Law Firm today for a legal advocate who will help you take the next steps.
How the McGuire Law Firm Can Help if You Were the Victim of Assault
After an assault, many victims are left with serious injuries, financial uncertainty, and an inability to work. Whether or not criminal charges are pressed against the perpetrator, you may not know what to do next as you struggle to move on with your life amid mounting medical bills.
An Oklahoma City personal injury lawyer at McGuire Law Firm is here to help you. We are a small law firm that delivers big firm results with decades of experience helping assault victims hold the responsible parties accountable and recover compensation.
Every client works directly with Kent R. McGuire, our founding attorney, who spent 13 years working with insurance companies and has three decades of experience representing injury victims. We use our unique insight into the tactics insurance companies use to strengthen your claim.
We have recovered millions for our clients through in-depth investigation, strong negotiation, and the help of medical experts. We are committed to giving you the quality legal representation you deserve to hold the responsible parties accountable. Contact our law offices for a free initial consultation today.
What Is Assault in Oklahoma?
Under Oklahoma Statute 21-641, assault is defined as “any willful and unlawful attempt or offer with force or violence to do a corporal harm to another.” This means that someone can be charged with assault even if there is no physical contact between the perpetrator and the victim. Oklahoma Statute 21-642 defines battery as the use of force or violence against someone else.
The crimes of assault and battery often go together but not necessarily. An argument that devolves into serious threats of violence without actual physical harm may come with assault charges alone.
On its own, assault in Oklahoma is a misdemeanor punishable by up to 30 days in jail and a fine of up to $500. When misdemeanor assault and battery is charged, there is a maximum jail sentence of up to 90 days and a fine of up to $1,000.
These charges can be upgraded with harsher penalties if there is serious bodily injury or an intent to kill. The following are common upgraded assault charges in Oklahoma.
While simple assault and battery only carries a penalty of up to 90 days in jail, assault committed against a family or household member comes with enhanced penalties. These types of assault are considered domestic violence and punishable by up to 1 year in jail and a $5,000 fine with a first offense.
Domestic violence can involve a:
- Spouse (former or current)
- Romantic partner
- Roommate or someone sharing the household
Oklahoma was once one of the top five states for domestic violence. 1 in 4 men and 1 in 3 women in Oklahoma have experienced some type of violence from an intimate partner. There are 21,000 calls received by domestic violence hotlines every day.
Aggravated Assault and Battery
Simple assault and battery becomes “aggravated” when it results in great bodily injury such as fractures or disfigurement. The charge is also upgraded when committed by an able-bodied person against someone who is elderly or incapacitated.
Aggravated assault and battery has a penalty of up to 5 years in prison.
Assault with a Dangerous or Deadly Weapon
If an object or weapon is used to commit battery, it becomes a felony with a penalty of up to 10 years in prison. Nearly any weapon can be considered dangerous or deadly including a baseball bat, knife, taser, or household object wielded with intent to harm.
Other Types of Assault in Oklahoma City
Assault or battery does not always involve intentional physical force against someone else or an altercation. Assaults can also cover a range of other situations such as sexual assault and nursing home abuse.
If you have been the victim of any type of assault in Oklahoma City, the compassionate legal team at McGuire Law Firm is here to help.
Common Assault Injuries
Assault and battery can leave victims with serious injuries. Some victims even struggle with disabling injuries that impact their quality of life and ability to work. At McGuire Law Firm, our Oklahoma City personal injury lawyers represent assault victims facing injuries such as:
- Stab wounds or lacerations
- Gunshot wounds
- Organ damage
- Traumatic brain injuries
- Spinal cord injuries
- Back injuries
- Post-traumatic stress disorder
We understand that assault and battery can leave you with life-changing injuries, including psychological and emotional trauma. Our Oklahoma City assault injury lawyers will aggressively seek the full compensation you deserve as you struggle to heal and move on.
Assault Statistics in Oklahoma
Oklahoma has a higher-than-average violent crime rate, including for aggravated assault. Between 2017 and 2018, violent crime in Oklahoma rose almost 2% to 466 incidents per 100,000 people. That’s 20% higher than the national average.
In 2019, there were 11,901 cases of aggravated assault in Oklahoma which accounted for almost 71% of violent crimes. Most cases of aggravated assault included a non-firearm dangerous weapon (29.7%), firearm (27.9%), or hands, fists, and feet (26.3%). Just 3,680 people were actually arrested for aggravated assault.
Civil Lawsuits for Assault in Oklahoma
Assault and battery are crimes in Oklahoma City. This means your attacker may face criminal charges. However, the criminal justice system is about punishment, not compensating victims.
As the victim of assault, you have the right to file a personal injury lawsuit against the person who hurt you. Third parties may also be liable for your injuries if you were hurt on someone else’s property and their negligence contributed to the assault. This is known as premises liability.
Even if your attacker is not charged with a crime or is not convicted, you can still pursue compensation through civil court. A criminal conviction can help your personal injury claim, but civil cases have a lower standard of proof in Oklahoma.
Statute of Limitations for Filing an Assault Injury Claim in Oklahoma City
It’s crucial to understand that you have a time limit for filing a personal injury claim after an assault. In Oklahoma, the statute of limitations for personal injury claims is just 2 years. After this time limit has passed, you lose your right to file a claim.
Do not wait too long to begin working on your claim, either. If you delay, valuable evidence may be lost and damage your ability to recover!
Damages Available After an Assault
As the victim of assault, you have the right to recover financial compensation for your damages from the at-fault party. In addition to filing a personal injury claim against the person who assaulted you, damages may also be available from a negligent property owner.
Under Oklahoma premises liability law, you may have a claim against a property owner if they failed to take reasonable steps to ensure their property is safe. They may be negligent if your assault was caused by poor lighting, inadequate security, broken locks, or failure to warn guests of dangerous conditions.
Damages that may be available in your case include:
- Past and future medical expenses such as prescription medications, hospital and doctor bills, physical therapy, and counseling.
- Lost income for time you took off work
- Lost or reduced future earning capacity if you are left with disabling injuries
- Pain and suffering
- Mental anguish
At McGuire Law Firm, we help assault victims seek justice and fair compensation. We will help you determine how much your case may be worth and who is liable for your injuries.
Contact an Oklahoma City Assault Injury Lawyer
Have you been seriously injured in an assault? The responsible parties deserve to be held accountable, not only in criminal court but also civil court for the injuries you have suffered. At McGuire Law Firm, we have spent decades fighting for people like you.
You don’t need to fight insurance companies or your attacker in court on your own. Contact McGuire Law Firm today to speak with an experienced Oklahoma City assault injury lawyer about your case. Your initial consultation is always free!