Okla. Stat. » Title 21 — CRIMES AND PUNISHMENTS
Oklahoma Statutes

Okla. Stat. tit. 21, § 646 (2026)

Aggravated assault and battery defined

✓ current as of July 2026
Find cases: SyfertCases citing this section OK-LEGoklegislature.gov JustiaOkla. Stat. CornellLII Search CasesGoogle Scholar

A. An assault and battery becomes aggravated when committed under any of the following circumstances: 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.

B. For purposes of this 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. Added by Laws 1951, p. 59, § 1. Amended by Laws 1957, p. 161, § 2; Laws 1989, c. 197, § 10, eff. Nov. 1, 1989; Laws 2002, c. 460, § 6, eff. Nov. 1, 2002.

Notes of Decisions
Cited in 28 cases (3 in the last 5 years), 1957–2023 · leading case: United States v. Scott, 990 F.3d 94 (2d Cir. 2021).
Sort: Relevance Newest Treatment
United States v. Scott, 990 F.3d 94 (2d Cir. 2021). · cites it 2× “11(A)(1); Okla. Stat. Ann. tit. 21, §§ 646 (A)(1), 701.”
State v. Madden, 562 P.2d 1177 (Okla. Crim. App. 1977). · cites it 9× “” The defendant’s allegation of unconstitutional vagueness is aimed only at Section 1 of 21 O.S.1971, § 646: “An assault and battery becomes aggravated when committed under any of the following circumstances: “(1) When great bodily injury is inflicted upon the person assaulted;”…”
Hooks v. Atoki, 983 F.3d 1193 (10th Cir. 2020). “Okla. Stat. Ann. tit. 21, § 646 . And third, the state court did not cite the aggravated assault and battery statute when it accepted Mr.”
Thompson v. State, 2019 OK CR 3 (Okla. Crim. App. 2019). · cites it 3× “2011, § 425, each after former conviction of three felonies.”
United States v. Scott, 954 F.3d 74 (2d Cir. 2020). · cites it 2× “Scott voluntary manslaughter (eight states), 15 while almost all states penalize such conduct, at a minimum, as aggravated assault.”
United States v. Leland Schneider, 905 F.3d 1088 (8th Cir. 2018). “1-17-02(1)(a); Okla. Stat. tit. 21, § 646 (A)(1) ; James v.”
United States v. Fierro-Reyna, 466 F.3d 324 (5th Cir. 2006). “, female or a child); Okla. Stat. tit. 21, § 646 (A)(2) (same, where victim is elderly); Wyo.”
Stewart v. State, 2019 OK CR 6 (Okla. Crim. App. 2019). · cites it 2× “" 21 O.S.2011, § 646(B). KUEHN, V.P.J., CONCURRING IN PART/DISSENTING IN PART: ¶1 Appellant's only claim on appeal is that 47 O.”
Stewart v. State, 442 P.3d 158 (Okla. Crim. App. 2019). “It appears that the troopers had probable cause for a warrant and plenty of time to obtain a warrant before the blood draw had they not relied on this statute.”
Thompson v. State, 438 P.3d 373 (Okla. Crim. App. 2019). “2011, §§ 1114 & 1115, one count of Aggravated Assault and Battery (Count 5) in violation of 21 O.S.2011, §§ 646 & 647, and one count of Pattern of Criminal Offenses (Count 6) in violation of 21 O.”
United States v. Robert Vederoff, 914 F.3d 1238 (9th Cir. 2019). “12 ; Okla. Stat. tit. 21, § 646 ; Or. Rev. UNITED STATES V.”
United States v. Troy Brasby, 61 F.4th 127 (3rd Cir. 2023). “12 ; Okla. Stat. Ann. tit. 21, § 646 (aggravated assault and battery); 18 Pa.”
Show all 28 citing cases →
— Okla. Stat. tit. 21, § 646(1) — 1 case
State v. Madden, 562 P.2d 1177 (Okla. Crim. App. 1977). “” The defendant’s allegation of unconstitutional vagueness is aimed only at Section 1 of 21 O.S.1971, § 646: “An assault and battery becomes aggravated when committed under any of the following circumstances: “(1) When great bodily injury is inflicted upon the person assaulted;”…”
— Okla. Stat. tit. 21, § 646(2) — 1 case
United States v. Oghenero Aluya, 590 F. App'x 433 (5th Cir. 2015).
— Okla. Stat. tit. 21, § 646(B) — 2 cases
Stewart v. State, 2019 OK CR 6 (Okla. Crim. App. 2019). “" 21 O.S.2011, § 646(B). KUEHN, V.P.J., CONCURRING IN PART/DISSENTING IN PART: ¶1 Appellant's only claim on appeal is that 47 O.”
Stewart v. State, 442 P.3d 158 (Okla. Crim. App. 2019). “It appears that the troopers had probable cause for a warrant and plenty of time to obtain a warrant before the blood draw had they not relied on this statute.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.