Oklahoma Assault and Battery Laws: Charges and Penalties (2026)

Oklahoma treats assault and battery as two separately defined offenses. Under 21 O.S. 641, "An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another," and under 21 O.S. 642, "A battery is any willful and unlawful use of force or violence upon the person of another." Section 644 punishes assault by up to 90 days in county jail and assault and battery by up to six months, so both are misdemeanors in their basic form. A dangerous weapon, great bodily injury, a domestic relationship with aggravating facts, or a protected victim such as a peace officer, medical care provider or school employee can make the offense a felony. For other states, see our guide to assault and battery laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Oklahoma assault and battery statutes in Title 21 of the Oklahoma Statutes (sections 641 through 653 and 681), the felony class system in 21 O.S. 20A, and the civil filing period in 12 O.S. 95. It does not cover self-defense and justified force (see Oklahoma self-defense laws), protective orders (see Oklahoma restraining order laws), sexual offenses, federal assault crimes (see the assault and battery hub), tribal law or city and county ordinances.

Assault vs. battery in Oklahoma

The two definitions date to the Revised Laws of 1910 and have no later amendments in their history lines.

• Assault (21 O.S. 641) is an attempt or offer. It requires a willful and unlawful attempt or offer, "with force or violence," to do "a corporal hurt to another." No contact is needed.
• Battery (21 O.S. 642) is the actual use of force. It requires "any willful and unlawful use of force or violence upon the person of another."

Section 644 then sets penalties for "assault" and for "assault and battery." The higher grades in sections 645 through 653 build on these same terms, often reaching "any assault, battery, or assault and battery."

Oklahoma assault and battery charges and penalties at a glance

Prison terms in the table are served in the State Penitentiary or the custody of the Department of Corrections, as each section words it. Every figure is the statutory limit, not a prediction of the sentence in a particular case.

How Oklahoma's felony classes work. Section 20A of Title 21, added by Laws 2024, c. 366 and effective January 1, 2026, establishes "a classification system for all felony criminal offenses" that places offenses "into classes on the basis of the severity of the offense and other factors," using labels from Class A1 through Class D3. The class lists direct that offenders be punished according to the penalties provided elsewhere in the statutes, so the range for an assault felony comes from its own section. Two Class B6 offenses can therefore carry different maximums, as the sections below show.

Version note. The official Title 21 compilation prints four versions of section 644 enacted in 2025 (Laws 2025, c. 147, c. 322, c. 162 and c. 486), which differ in places. The 90-day and six-month limits for assault and assault and battery come from House Bill 1595 (Laws 2025, c. 147), which raised them from 30 and 90 days, and House Bill 2104 (Laws 2025, c. 486); two other versions still print 30 and 90 days. The versions also differ on strangulation (644(J)) and on domestic assault and battery with a deadly weapon, and where they differ this page gives each. They also differ on a first domestic-abuse offense against a pregnant woman (a misdemeanor punishable by up to one year in county jail in the c. 162 version, a felony punishable by up to five years in the others) and on domestic assault with a sharp or dangerous weapon (644(D)(1)), which the c. 162 version does not contain. Senate Bill 1264, effective November 1, 2026, re-enacts section 644 and repeals the competing versions.

Is assault a felony in Oklahoma?

A simple assault, or a simple assault and battery, is a misdemeanor in Oklahoma. It becomes a felony through one of these routes:

• A weapon. A sharp or dangerous weapon used with intent to do bodily harm, or shooting at another with intent to injure, is a Class B4 felony under section 645. Assault and battery with a deadly weapon or force likely to produce death is a Class A3 felony under section 652(C).
• Serious harm or a vulnerable victim. Aggravated assault and battery under sections 646 and 647 is a Class B5 felony.
• Domestic abuse with aggravating facts. A second or subsequent offense, strangulation, great bodily injury, a dangerous weapon or a pregnant victim each moves domestic abuse into a felony class under section 644. In the c. 162 version printed in the compilation, a first offense against a pregnant victim is a misdemeanor and there is no separate sharp-or-dangerous-weapon paragraph (see the version note).
• A protected victim. Battery or assault and battery on a peace officer is a Class B5 felony (649(B)). Listed offenses against medical care providers, Department of Corrections employees, county and court officers, jurors and witnesses, and aggravated assault and battery on school employees are Class B6 felonies.

What makes assault and battery "aggravated" in Oklahoma

Under 21 O.S. 646(A), an assault and battery becomes aggravated:

"1. When great bodily injury is inflicted upon the person assaulted; or 2. When committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated, as defined in Section 641 of this title."

Section 646(B) defines great bodily injury for that section:

"'great bodily injury' means bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or substantial risk of death."

Section 644(O) uses the same definition for domestic abuse causing great bodily injury under 644(F). Aggravated assault and battery is a Class B5 felony under section 647, punishable by up to five years in the State Penitentiary, up to one year in county jail, or a fine of up to $500, or both fine and imprisonment.

A deadly weapon is handled separately. Section 645 covers a "sharp or dangerous weapon" used "with intent to do bodily harm and without justifiable or excusable cause," and also a person who "shoots at another, with any kind of firearm, air gun, conductive energy weapon or other means whatever, with intent to injure any person, although without the intent to kill." Section 652(C) covers assault and battery "by means of any deadly weapon, or by such other means or force as is likely to produce death," and is a Class A3 felony punishable by up to life.

Assaulting a police officer, nurse, teacher or referee in Oklahoma

Oklahoma sets out separate sections for assaults on listed people. The wording of each list matters, so the table follows the statutes.

Officers' firearms, off-duty officers and strangulation. Under 649(D), assault and battery on a law officer includes any attempt to reach for or gain control of the officer's firearm, and under 649(E) an assault on an off-duty officer that relates back to the officer's official position falls within "in the performance of his or her duties." Under 650(C), aggravated assault and battery on an officer includes physical contact with and an attempt to gain control of the officer's firearm. The official compilation prints two versions of section 650: the one enacted by Laws 2025, c. 32 (S.B. 369), effective November 1, 2025, also includes strangulation of an officer, and the class-labelled version enacted by Laws 2025, c. 486 does not repeat that clause.

Medical care providers. Section 650.4(B) defines a medical care provider as "doctors, residents, interns, nurses, nurses' aides, ambulance attendants and operators, paramedics, emergency medical technicians, laboratory technicians, radiologic technologists, physical therapists, physician assistants, chaplains, volunteers, pharmacists, nursing students, medical students, members of a hospital security force, and any other employees working in or for a health care facility or independent contractors in one of the listed categories."

School employees. Section 650.7(A) defines a school employee to include a teacher, a principal, any duly appointed person employed by a school system, employees of a firm contracting with a school system for any purpose, and school board members during school board meetings.

Note the difference in mental state. Sections 649 and 650 require that the person "knowingly" commit the offense against an officer, while sections 650.1, 650.4 and 650.5 require "intent to do bodily harm."

Domestic abuse in Oklahoma

Oklahoma calls assault and battery in a domestic setting "domestic abuse." Under 21 O.S. 644(C), any person who commits any assault and battery "against a current or former intimate partner or a family or household member as defined by Section 60.1 of Title 22 of the Oklahoma Statutes" is guilty of domestic abuse. Those terms are defined in 22 O.S. 60.1, which this page does not restate.

• First offense: up to one year in county jail, a fine of up to $5,000, or both.
• Second or subsequent offense: a Class B5 felony, up to four years, a fine of up to $5,000, or both.
• In the presence of a child (644(G)): six months to one year in county jail, a fine of up to $5,000, or both; a second or subsequent offense in the presence of a child is a Class B5 felony, one to five years, a fine of up to $7,000, or both.
• Strangulation (644(J)): assault and battery by strangulation or attempted strangulation is a Class B5 felony. The official compilation prints conflicting penalty ranges for it: one to ten years, a fine of up to $20,000, or both in the versions enacted by Laws 2025, c. 162 (S.B. 541) and c. 486 (H.B. 2104); and one to three years, a fine of up to $3,000, or both, rising to three to ten years, a fine of up to $20,000, or both on a second or subsequent conviction, in the versions enacted by Laws 2025, c. 147 (H.B. 1595) and c. 322 (H.B. 1273). Senate Bill 1264, effective November 1, 2026, sets one to three years and a fine of up to $3,000 for a first offense and makes a second or subsequent offense a Class B3 felony with three to ten years and a fine of up to $20,000. The subsection defines strangulation as "any form of asphyxia; including, but not limited to, asphyxia characterized by closure of the blood vessels or air passages of the neck as a result of external pressure on the neck or the closure of the nostrils or mouth as a result of external pressure on the head."
• Great bodily injury (644(F)): a Class B3 felony, up to ten years, or up to one year in county jail.
• Dangerous or deadly weapon (644(D)): domestic assault and battery with a sharp or dangerous weapon is a Class B3 felony, up to ten years or up to one year in county jail (the c. 162 version does not contain this paragraph); domestic assault and battery with a deadly weapon is a Class A3 felony, up to life. The printed versions differ on what that offense covers: the version enacted by Laws 2025, c. 162 (S.B. 541) reaches any assault and battery on an intimate partner or family or household member, with intent to do bodily harm, by means of any deadly weapon or other means or force likely to produce death, while the other versions, including Laws 2025, c. 486, cover shooting the person with a deadly weapon likely to produce death. Senate Bill 1264, effective November 1, 2026, adopts the broader wording.
• Pregnant victim (644(E)): domestic abuse against a pregnant woman with knowledge of the pregnancy is a Class B5 felony, up to five years (in the c. 162 version, a first offense is a misdemeanor punishable by up to one year in county jail); a second or subsequent offense is a Class A3 felony, not less than ten years; and where a miscarriage or injury to the unborn child occurs, as 644(E)(3) describes, a Class A1 felony, not less than twenty years.
• Prior pattern of physical abuse (644.1): domestic abuse by a person with a prior pattern of physical abuse is a Class B3 felony, up to ten years, a fine of up to $5,000, or both.

Under 644(P), a plea of guilty or nolo contendere, or a finding of guilt, counts as a prior conviction for this section "for a period of ten (10) years following the completion of any sentence or court imposed probationary term."

Protective orders are a separate civil process. See Oklahoma restraining order laws.

Recent and upcoming changes

The felony class labels on this page (Class A1 through D3) took effect January 1, 2026 under 21 O.S. 20A, and Laws 2025, c. 486, effective the same date, amended sections 644, 645, 647, 649, 650, 652, 653 and 681, among others. Three 2026 acts, Senate Bills 1264, 1238 and 2011, take effect November 1, 2026 and amend section 644, section 650.2 and the felony class lists; this page describes the law in force before that date.

Civil lawsuits for assault and battery in Oklahoma

A criminal prosecution and a civil lawsuit for damages are separate proceedings. The state brings the criminal case, while the injured person may bring a civil claim.

Oklahoma sets a one-year civil filing period for these claims. Under 12 O.S. 95(A)(4), "An action for libel, slander, assault, battery, malicious prosecution, or false imprisonment" must be brought "Within one (1) year." For other deadlines, see the Oklahoma statute of limitations guide.

Related legal issues

• Self-defense and justified force. Section 643 lists cases in which force is not unlawful; for how self-defense works, see Oklahoma self-defense laws.
• Protective orders. See Oklahoma restraining order laws.
• Clearing a record. Whether an assault arrest or conviction can be expunged is covered in Oklahoma expungement laws.

Related pages

• Assault and battery laws by state
• Oklahoma self-defense laws
• Oklahoma restraining order laws
• Oklahoma expungement laws
• Oklahoma statute of limitations
• Texas assault and battery laws

This article provides general legal information about Oklahoma assault and battery law, not legal advice. Laws change and their application depends on specific facts. For advice about a specific situation, contact a lawyer licensed in Oklahoma.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the difference between assault and battery in Oklahoma?

Assault under 21 O.S. 641 is a willful and unlawful attempt or offer with force or violence to do a corporal hurt to another, with no contact required. Battery under 21 O.S. 642 is a willful and unlawful use of force or violence upon another person.

Is simple assault a misdemeanor in Oklahoma?

Yes. Under 21 O.S. 644(A), assault is punishable by up to 90 days in county jail, a fine of up to $500, or both. Assault and battery under 644(B) carries up to six months, a fine of up to $1,000, or both.

Is assault and battery a felony in Oklahoma?

Simple assault and battery is a misdemeanor. It becomes a felony with a sharp or dangerous weapon (Class B4), great bodily injury or an aged or incapacitated victim (Class B5), certain domestic abuse facts, or a protected victim such as a peace officer or medical care provider.

What is aggravated assault and battery in Oklahoma?

Under 21 O.S. 646, assault and battery is aggravated when great bodily injury is inflicted, or when a person of robust health or strength commits it on one who is aged, decrepit, or incapacitated. It is a Class B5 felony punishable by up to five years under 21 O.S. 647.

What happens if you assault a police officer in Oklahoma?

Knowingly assaulting a listed officer in the performance of duties is punishable by up to six months in county jail and a fine of up to $500 (21 O.S. 649(A)). Battery or assault and battery is a Class B5 felony with up to five years (649(B)), and aggravated assault and battery is a Class A3 felony punishable by up to life (21 O.S. 650).

Is it a felony to assault a nurse in Oklahoma?

Yes. An assault, battery or assault and battery with intent to do bodily harm on a medical care provider performing medical care duties, a term that includes nurses, is a Class B6 felony punishable by up to two years under 21 O.S. 650.4.

What is the penalty for assaulting a teacher in Oklahoma?

Assault, battery, or assault and battery on a school employee performing duties is a misdemeanor punishable by up to one year in county jail and a fine of up to $2,000 (21 O.S. 650.7(B)). Aggravated battery or aggravated assault and battery on a school employee is a Class B6 felony (650.7(C)).

Is domestic strangulation a felony in Oklahoma?

Yes. Assault and battery by strangulation or attempted strangulation against an intimate partner or family or household member is a Class B5 felony under 21 O.S. 644(J). The official compilation prints conflicting ranges: one to ten years and a fine of up to $20,000 in two versions of section 644, and one to three years and a fine of up to $3,000 for a first offense in two others. Senate Bill 1264, effective November 1, 2026, adopts the one-to-three-year first-offense range and makes a second or subsequent offense a Class B3 felony with three to ten years.

How long do you have to sue for assault and battery in Oklahoma?

One year. Under 12 O.S. 95(A)(4), an action for assault or battery must be brought within one year.