Police officers and other law enforcement officials work to maintain the peace in areas of their jurisdiction. The very nature of their work puts them at risk of violence and other mishandling by persons who may not want interference in illegal or other activities. Oklahoma has laws designed to protect police officers as they go about performing their duties. Thus, assault and battery on a police officer in Oklahoma is treated with more harshness in the law.
If you are facing charges of assaulting an officer, you must talk to a criminal defense lawyer immediately. Assaulting a police officer could lead to you doing a lot of time in prison, especially if the victim sustained severe injuries.
The Definition Of Assault And Battery
Oklahoma law defines assault as the willful attempt or threat of force or violence on another. Okla. Stat. tit. 21 § 641
Battery is the intentional and unlawful use of force or violence against another. Okla. Stat. tit. 21 § 642
Assault happens when a person shakes their fist at someone angrily threatening violence. If they carry out the threat to assault the victim and hit them with a fist, then assault and battery have occurred. These crimes are usually charged together because they occur together.
Assault And Battery On A Police Officer In Oklahoma
Assault and battery on a police officer are prohibited under Oklahoma laws when there is no justifiable cause. The definition includes any police officer, highway patrolman, peace officer, sheriff, deputy sheriff, corrections personnel, or any other law enforcement officer while they are in the performance of their duties. Okla. Stat. tit. 21 § 649
If the officer is off duty and the nature of the assault and battery has something to do with their official position as a law enforcement officer, then it is treated as if the officer was in the performance of their official duties.
Attempting to grab an officer’s gun qualifies as assault and battery under Oklahoma laws. However, the assault and battery must be without justifiable cause. An unlawful arrest can be grounds for the defendant to claim they had a legitimate reason.
If the assault and battery resulted in injuring a police officer, it might be charged as aggravated assault. If it results in maiming a police officer, the law treats the crime harshly. Okla. Stat. tit. 21 § 646
Elements Of The Crime
The state must prove the following elements of the crime beyond the shadow of a doubt to obtain a conviction.
A person
- willfully and intentionally
- committed an assault or battery or both
- upon a person known to the defendant to be a law enforcement officer
- without a reasonable cause
- when the police officer was in the performance of his or her duties.
A defendant can also be charged under this statute if they attempted to grab a firearm from a law enforcement officer who was known to the defendant to be a law enforcement officer.
Penalties For Assault And Battery On A Police Officer In Oklahoma
A defendant found guilty of assaulting a law enforcement officer faces up to six months of jail time, a fine of up to $500, or both.
Assault and battery on a police officer is a felony in Tulsa, Oklahoma. Thus, a defendant faces up to five years imprisonment with the Department of Corrections or a year in county jail. A fine of up to $500 may be assessed in addition to or in lieu of incarceration. Okla. Stat. tit. 21 § 649B
A defendant found guilty of aggravated assault on a law enforcement officer that causes grave bodily harm on the officer faces life in prison. Okla. Stat. tit. 21 § 650
If you are facing charges of assault and battery on a police officer, you should talk to a Tulsa criminal attorney right away. The penalties for this crime are rather stiff, and only an experienced attorney can determine the best way forward.
Free Consultation: Tulsa Misdemeanor Defense Lawyer
When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a free consultation with an experienced Tulsa misdemeanor defense lawyer to discuss your available legal options.
Call the Tulsa Criminal Defense Law Firm at 918-756-9600.
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