Process Server and Investigation
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Process Server and Investigation
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Too often in life, people of all ages, genders, races, nationalities, ethnicities, socioeconomic classes, and disabilities attack one another in what law enforcement and judges classify as assault and battery. When it happens within the confines of a home or between family members, they typically classify it as domestic assault and battery. Our assault and battery private detectives see this happen all too often and conduct assault and battery private investigations accordingly.
Our criminal private investigator notes that there is a stark difference between “assault” and “battery” as governments define them, though each is typically intertwined together. Most times, a criminal commits assault and battery together as a crime that involves both the act of making the victim afraid and then subsequently committing battery upon the individual.
Assault is the act of making someone afraid, and battery is the act of striking or even touching the individual. An abuser can commit assault by itself by pretending to hit a person but stopping short of touching her/him/them, making the individual afraid. Another option for simple assault is for the perpetrator to say something that makes the victim afraid yet not hitting the person.
One of the best defenses to criminal charges of assault and battery are for the defendant to claim that she/he/they acted in self-defense. If the person the government has charged with assault and battery, manslaughter, or murder can prove that she/he/they feared for their safety and especially their life, then they can use the “Make My Day Law” or the “Stand Your Ground Law” as Oklahoma’s statutes define them. The law allows people to defend themselves with appropriate levels for force if they have a valid reason, even if it leads to the perpetrator’s death.
States like Oklahoma enacted two types of laws which allow citizens to defend themselves and not have to run away. Our criminal defense attorney notes that the first was the “Make My Day Law” that allowed people to use deadly force within their homes. Coming about in the late 1980s, it was the initial step but was limiting because if the perpetrator attacked you outside of your home, then it did not protect you. The idea was that, “Every man’s home is his castle,” and as such he, she, or they should have every right to defend it just as medieval nobles, knights, and soldiers did with their castles. As time and evolution progressed, our bail bondsman in Oklahoma noted that the public yearned for something more, stronger, with broader reach and more legal protections from murderers and rapists.
In the mid-2000s, Oklahomans also enacted the “Stand Your Ground Law” to protect their citizens and allow them to use lethal force anywhere they may be. Thus, they no longer had to be within the confines of their home castle to kill someone if the person was trying to rape or kill them. This law also enjoys broad popular support from both liberals and conservatives, because our private investigator for assault and battery at our PI agency notes that people want to feel safe and secure within not only their home but their community as well.
No one has a right to hurt someone else, but if that individual is trying to hurt you, then our assault and battery private detective at our private investigation agency asserts that the attacked person has every right to defend herself/himself/themselves. The perpetrator would be guilty of assault and battery, assault with a deadly weapon or a murder charge, while the defender would not be culpable because the law would consider it to be self-defense. Can defenders ever take things too far though? History says, “Yes.”
There was a key criminal trial where two Black teenage thugs tried to rob an innocent pharmacist, but the pharmacist would have nothing of it. This man went far beyond defending himself though. Even after he had subdued the first robber and shot at the second guy who escaped unharmed, the white pharmacist went back and got a gun and shot the first guy who was unconscious on the ground several times even though he was no longer a threat. The pharmacy’s video camera captured the entire incident on CCTV, and when police and eventually a judge and jury saw what the pharmacist did they convicted him and sent him to prison.
Another prime example of legal contestations over what is an acceptable use of force came to light at the criminal trials of vigilantes like George Zimmerman and Kyle Rittenhouse. The former was a neighborhood watch member who killed Travon Martin, while Rittenhouse shot and killed a protestor and faced murder charges. Both men claimed legal safety under self-defense/Stand Your Ground laws, and juries found both men not guilty in jury trial acquittals.
Even people defending themselves are culpable, if they go beyond self-defense and become the aggressors. Our criminal private detective notes that this behavior then goes beyond self-defense and becomes criminal activity. Victims of perpetrators should always use the least amount of force as possible and escaping and calling law enforcement for assistance is something police, judges, and juries tend to view more favorably even considering Stand Your Ground and Make My Day laws.
Our criminal private eye notes that there is a difference between domestic assault and battery and regular assault and battery. As the titles state, domestic assault and battery happens among family members or intimate romantic/sexual partners, while other assault and battery charges occur against non-family members or romantic/sexual partners. This should seem like it is easy to understand, but since not everyone has experience in this field like our private investigators do, we thought it might be helpful to the public to define it for our readers.
For a long time, society often punished people guilty of domestic assault and battery less severely than when someone hurt non-family members or romantic partners. Indeed, for assault and battery against a family member or romantic partner to have occurred, the law has often required for the perpetrator to have caused an actual injury. With non-family members and non-romantic partners, the bar was lower and only needed touching the victim considered offensive or harmful. This language was much vaguer, and it left it much more open to interpretation by law enforcement, judges, and juries.
In recent years, lawmakers in Oklahoma have made penalties and requirements for domestic assault and battery more severe, equating them more in line with assault and battery against strangers. This makes profound sense, our social media private investigators denote, because there is no reason whatsoever for assault and battery between strangers and family members to carry different penalties.
Simple assault without the battery component is basically where the perpetrator makes the victim afraid but does not actually harm the person. The individual might pretend to hit a person but not actually do it, and that is assault: The fear component. Thus, punishments for this crime are light slaps on the wrist.
Because no actual physical contact or harm occurs with an assault charge that does not include a battery or physical contact, the punishment for this crime as of the time of the publication of this page is only up to thirty days in jail and/or a fine up to but not to exceed five hundred dollars.
Simple assault and battery, our social media private detective at our private eye agency notes, is more serious because it contains not only the element of assault but the actual strike/contact and harm.
The punishment for simple assault and battery, while much less serious than the other forms we shall discuss later, still carries a penalty of up to ninety days in jail and/or a fine that can go up to one thousand dollars. This punishment is not as severe as those we shall examine next, because here we are still examining a misdemeanor crime.
This crime occurs when the perpetrator causes serious bodily harm. The government can also charge a person with this crime when she/he/they are a healthy adult and the victim the perpetrator attacks is elderly, in a wheelchair, or is otherwise incapacitated. The perpetrator must not have committed this criminal offense with a weapon, or else the charge becomes even more serious.
At this criminal level, our digital private investigator points out that the perpetrator has committed a much more serious crime. Even the best criminal defense lawyer near me will have a more challenging time defending a client against this charge, without a significant, valid legal reason. The crime for this crime in Oklahoma as of the date of publication of this page is up to one year in jail or up to five years in prison and/or a fine of up to five hundred dollars. Thus, the jail and prison time go up quite significantly, but the fine remains low and a judge can assign only a fine if she/he/they so desire(s).
At this level, the perpetrator has hurt someone with a weapon that would cause tremendous harm or even death. An example of this would be the 2012 case where the Edmond Police Department (EPD) arrested Robert Looman for trying to run over a process server with his truck. The crime occurred right in front of them and was on camera, and while the Edmond police officers arrested Robert Looman they did not charge him because they were idiots who did not like process servers. The public should never have given them a badge as law enforcement officers.
This crime carries penalties of up to ten years in prison, if the courts convict the criminal defendant. As you can see, the criminal penalties keep going up in line with the severity of the crime.
As mentioned earlier, this is an assault and battery crime against a family member or romantic partner. Our private investigation agency conducts assault and battery private investigations on a regular basis, especially when they involve domestic assault and battery crimes.
First Offense: The judge can issue a sentence of up to one year in jail and/or up to a five thousand dollar fine. Society just does not always view family disputes with the same level of severity as it does when someone commits the same crime against a non-family member or non-romantic/sexual partner. How sad, right?
Second Offense: When domestic violence recurs, judges, juries, and lawmakers all tend to lose patience. Thus, in Oklahoma the punishment for a second offense of domestic assault and battery is up to four years in prison and/or a fine of up to five thousand dollars.
Our digital private detective points out that this crime is much more serious than the others, because the attacker is intending to kill the victim. There is a fine line between this crime and an attempted murder charge, because they are the same. The assault is no longer just fear or fear with a minor battery, but now it is where the perpetrator is trying to murder the victim.
At this level, our domestic violence private investigator states that the sentence a judge might impose upon a defendant a judge or jury has convicted of this crime includes up to five years in prison or up to one year in jail, and/or a fine of up to five hundred dollars. Trying to kill people is rarely, if ever, a promising idea.
If a perpetrator assaults someone during the commission of another crime, such as rape or bank robbery, then the State of Oklahoma can charge the individual with this crime. It punishes the individual for committing more than one crime by making the assault portion more serious under this circumstance.
A judge is legally allowed to impose a sentence in a case like this with a prison sentence of up to five years or up to one year in jail and a fine of up to five hundred dollars. The severity of the penalties, as you can clearly see, only keeps increasing.
If you end up maiming someone, especially if it is not a true act of self-defense, then you really are a bad person with no respect for others. When you do this to someone, it is with the intention of causing them to have a permanent disability or disfigurement. Examples of this might include sawing off someone’s arm or throwing acid all over their face. Our criminal private eye denotes that this is the most serious felony charge for assault and battery, and thus it comes with much severer penalties.
Criminal punishments for the crime of maiming include sentences of up to life in prison. Intentionally disfiguring or otherwise causing someone to suffer from a permanent disability for the remainder of her/his/their life is extremely serious and is never a praiseworthy idea.
Our digital private investigators and bail bondsmen near me wish to remind our readers that many criminal cases end with judge or jury dismissing the charges or acquitting the defendant, while most other defendants take a plea deal to a lesser criminal charge and thus a more lenient penalty. While some do go to trial, our best criminal defense attorney points out that most charges of this nature do not and would clog the judicial system up so much that it would grind to a halt like you see in certain other countries, if all crimes went to trial.
One thing our social media private eyes wish to discuss is one of the tools our private investigation agency uses to solve crimes involving assault and battery crimes. While there are many options and methods of evidence gathering, which can include surveillance, interviewing witnesses/victims/perpetrators, DNA, reviewing CCTV footage, etc., our digital private detective also prefers the use of social media scans for assault and battery crimes. Are you wondering what these are and how these might help with assault and battery private investigations? Well, we are glad you asked!
Since some people have committed other crimes before that news stations or other victims or enemies of the perpetrators have posted online, social media scans can be a great investigative tool for our domestic violence private detective to gather evidence for prosecutors and police. Indeed, since some perpetrators even brag about their crimes online, and our social media scans are also great for pulling up this damning evidence as well. There are a lot of great ways that digital private investigations can proceed faster, if our social media scan private investigators can use this highly effective legal tool.
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