In the heat of the moment, a confrontation with Tulsa police may get out of hand. However, if you are convicted of assault and battery on a police officer Oklahoma, you will face jail time.
What is Assault and Battery in Tulsa?
We often think of a barroom brawl when we think of assault and battery, and the typical brawl will usually include both assault and battery. But these are really two separate crimes that are often charged together because they often occur together. It is important to know the differences between them, especially if you are facing one or both charges.
Under Oklahoma law, an assault is an intentional attempt or threat of force or violence against another person. It is a threat or attempt at harm that would make a reasonable person fear for their immediate safety. Okla. Stat. tit. 21 § 641
No contact is required for this crime. In fact, if your actions are meant only to scare another person, that could be sufficient for an assault charge.
A battery is defined as the intentional and unlawful use of force or violence against another. It is a contact that is intentional, unwanted, and harmful or offensive to the recipient of the contact. Okla. Stat. tit. 21 § 642
The intended contact must be intentional, but there is no requirement that you intend to actually hurt another for you to be charged with battery.
Angry words alone are not enough to constitute an assault. There must be an overt action that is threatening for it to constitute assault.
Brandishing a gun or swinging a bat in another’s direction may be sufficient to be charged. If you hit the other person, shoot them, or make another kind of contact that is either injurious or unwanted, that will be enough to be charged with a battery.
A simple assault and battery charge is treated seriously in Tulsa. A charge of assault and battery on a police officer Oklahoma is even more serious, with added penalties and jail time.
FAQ: Assault and Battery on a Police Officer Oklahoma
For purposes of this statute against assault and battery on a police officer Oklahoma, any police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or state peace officer qualifies as a “police officer” if they are performing their duties at the time of the crime.
Any attempt to take a police officer’s gun also qualifies as an assault and battery under the law.
If you assault a police officer without just cause, you will face jail time of up to six months, a fine of up to $500, or both. Okla. Stat. tit. 21 § 649
If convicted of assault and battery on a police officer Oklahoma, you could spend one to five years behind bars and pay a $500 fine.
Aggravated Assault of an Officer
If the assault and battery causes grave bodily injury to the officer, it can be charged as aggravated assault. Okla. Stat. tit. 21 § 646
If convicted of aggravated assault of the police officer, especially if the battery results in the maiming of the officer, you could face up to life in prison in addition to significant fines. Okla. Stat. tit. 21 § 650
Initial Strategy Session: Tulsa Criminal Defense Attorney
If you or someone you know is accused of committing assault and battery on a police officer Oklahoma, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Consult with an experienced Tulsa lawyer today by calling 918-756-9600.
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