Severe penalties are imposed for the assault and battery of a police officer in Tulsa OK.
However, the prosecutor must prove all the elements of the underlying crime of assault and battery in order to get a conviction of assault and battery on a police officer.
What is Assault and Battery in Oklahoma?
Assault and battery in Oklahoma are two separate offenses which are usually charged together.
A battery is an intentional, harmful, and offensive touching. An assault is generally defined as an attempted battery.
What is Assaulting a Police Officer in Tulsa OK?
In order to get a conviction of assault and battery on a police officer in Tulsa OK, the prosecutor must first prove that an assault and battery occurred upon an officer while he was performing his duties. An officer is defined as anyone duly appointed by any state governmental agency to enforce state laws including sheriffs, patrolmen, corrections personnel, or a state peace officer.
Even if an officer is off duty during the assault, if the assault or assault and battery relates back to, or in any manner has to do with, his or her official position as a law enforcement officer then it is considered “in the performance of his or her duties” as an officer. Okla. Stat. tit. 21 § 649
The prosecutor will also have to show that the defendant had knowledge that the victim was a police officer in Tulsa OK.
Finally, the assault and battery must have been made without justifiable or excusable cause. Okla. Stat. tit. 21 § 650
Assault and battery upon law officers includes any attempt to reach for or gain control of the firearm from the officer.
Penalties for Assaulting a Police Officer in Tulsa OK
Assault is a lesser offense than assault and battery in Oklahoma, but still a serious crime.
A conviction for assault on an officer is punishable by up to six months in jail, a fine of up to $500, or both.
A conviction of assault and battery on an officer is a felony offense punishable by one to five years in prison, a fine of up to $500, or both. Okla. Stat. tit. 21 § 649
Penalties for aggravated assault.
An assault which results in great bodily injury to the victim is aggravated assault. Okla. Stat. tit. 21 § 646
Aggravated assault on a police officer is a felony crime. This is punishable by a maximum sentence of life in prison, a fine of up to $1,000, or both.
An aggravated assault on a police officer where maiming of the officer occurs is also a felony offense. This is punishable by five years to life in prison, a fine of up to $5,000, or both. Okla. Stat. tit. 21 § 650
Free Consultation: Tulsa Criminal Defense Attorney
If you or anyone you know is accused of assaulting a police officer in Tulsa OK, please contact and Tulsa criminal defense attorney to discuss your available legal options.
Consult with an experienced attorney at Wirth Law Office – Tulsa, by calling 918-756-9600 or toll free at 1-888-447-7262.
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