In Oklahoma, it’s a felony to commit assault and battery on an officer. This also includes police, sheriffs, deputy sheriffs, corrections officers, highway patrol, and any other peace officers that are in the line of duty. As tension rise across the nation regarding law enforcement and defendants, it’s more important then ever to address this topic. Read on to understand the specific charges, the penalties, and how we can help you avoid a situation like this.
Oklahoma Statute: Assault and Battery on an Officer:
The specific statute, 21 Okl.St.Ann. §649(B), addresses assault and battery on an officer. It states:
“Every person who….knowingly commits battery or assault and battery upon the person of a police officer, sheriff, deputy sheriff, highway patrolman, corrections [officer], or other state peace office.s…while the officer is in the performance of his or her duties….shall be guilty of a felony…”
Defining Assault and Battery on a Police Officer:
It’s best to understand exactly what constitutes assault and battery in order to put this statute in context. First an “assault” does not involve physical contact. It does, however, put a person in fear of physical harm. Thus, verbally threatening an officer or walking at an officer in a menacing manner may be enough to constitute assault.
Further, “battery” is usually coupled with assault, because it is the physical contact that follows. For example, hitting an officer with fists or objects, kicking, attempting to reach for an officer’s gun, etc. is all considered battery. Any of these acts occurring while an officer is on duty or attempting to restore peace is enough to charge a person.
Penalties of Assault and Battery on an Officer
The penalties of assault and battery are generally harsh. However, when it is committed upon an officer the penalties become much more severe. As stated in the statute, assault and battery on a police officer is a felony. This is subject to up to five years of imprisonment in the Department of Corrections and/or a fine up to $500. Further, this can have long-reaching effects in your future. People with felonies on their records oftentimes have difficulty finding employment, even after they have already paid their debts to society.
We Care About You and We Care About Your Case:
It is important to note that Police officers have a high stress line of work. Even the most reasonable action on your part may misunderstood due to a Police officer’s level of stress. If you find yourself in a precarious situation and face charges of assault and battery on an officer, call us. Our first consultation is free. Whether you’ve been charged with a misdemeanor or a felony we can help. For more information review our Tulsa criminal lawyers blog or give us a call at 918.743.2233
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