Assault and Battery on a Police Officer is a crime the District Attorneys often use as a tool to put people in prison. Assault and battery upon Police officers includes any attempt to reach for or gain control of the firearm of any police officer. This includes deputy sheriff, state police, jail or prison employees, or any peace officer employed by any state or federal governmental agency. As our State legislators have relaxed many felony crimes the Police find this charge is as a way of enhancing arrests they make. By attaching a assault on a police officer to the arrest they’re able to charge the underlying misdemeanor as a felony. A qualified criminal defense attorney understands this and will test the States case and challenge it at every step.
Assault and Battery
Assault and battery can be charged separately or together because they are two individual crimes. In Oklahoma, you can be convicted of the lesser charge for an assault against a police officer. Threatening words are not enough to constitute an assault. This is because there must be a willful and unlawful attempt with force or violence to do a corporal hurt to another. The definition of battery is any willful and unlawful use of force or violence upon the person of another.
Assault on a Police Officer
Every person who, without justifiable or excusable cause, knowingly commits any assault upon the person of a police officer while the officer is in the performance of their duties is punishable by imprisonment in the county jail not exceeding 6 months, or by a maximum fine of $500.00. You can also be punished by both fine and imprisonment. This includes any assault against a sheriff, deputy sheriff, highway patrolman, corrections personnel, or other state peace officer employed or duly appointed by any state governmental agency to enforce state laws.
Assault and Battery on a Police Officer
Every person who, without justifiable or excusable cause, knowingly commits assault and battery upon a police officer while the officer is in the performance of his or her duties, upon conviction, shall be guilty of a felony punishable by the following:
- Imprisonment in the custody of the Department of Corrections of not more than 5 years;
- Imprisonment in county jail for a period not to exceed one 1 year;
- A fine not exceeding $500.00; or
- Both such fine and imprisonment.
Remember that this includes any battery against a state peace officer appointed by any state governmental agency to enforce state laws.
Oklahoma Criminal Defense Lawyers
Assault and Battery on a Police Officer can get you into big trouble. You will need an experienced criminal lawyer to successfully defend against this charge. Our Tulsa Criminal Defense Lawyers have been representing clients who face jail time for nearly a decade. If you are facing criminal charges for assault against an officer, we can help you. Call us today for a free and confidential consultation.
Tulsa's Local Criminal Defense Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of criminal defense attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.