My brother and I got into a fight in Oklahoma. Is that a misdemeanor?

In Oklahoma, assault is defined as "any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another." Assault is punishable by imprisonment in a county jail not exceeding 30 days and/or by a fine of not more than $500. Imprisonment under a year is usually categorized as a misdemeanor. If you are found guilty of assault and battery, you can expect up to 90 days in jail and/or a fine of $1,000.

Penalties are enhanced in the case of aggravated assault and battery. Aggravated assault and battery occurs when:

1. great bodily injury is inflicted upon the person assaulted; or
2. committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated

Aggravated assault and battery incurs imprisonment in the State Penitentiary not exceeding 5 years, or by imprisonment in a county jail not exceeding one year, or by a fine of not more than $500, or both such fine and imprisonment.

Since you indicate that the fight was with your brother, either of you could be charged with domestic abuse under Oklahoma's statute. The statute provides that any person who commits any assault and battery against a person otherwise related by blood or marriage is guilty of domestic abuse and upon conviction the defendant shall be punished by up to a year in county jail and/or a fine up to $5,000. Any subsequent domestic abuse offense incurs up to four years in jail and/or a fine of up to $5,000.

If you face an assault charge in Oklahoma, either felony vs. misdemeanor penalties may apply depending on the circumstances. Talk with an experienced attorney to defend against possible prosecution and/or conviction.