Is Assault On A Police Officer A Felony In Oklahoma?

Assault on a Police Officer may be charged as felony In Oklahoma and is a serious crime. A police officer’s job is to interact with the public and enforce the law. At times, these interactions may become heated and physical. In Oklahoma, the assault and battery of a police officer may be charged as a felony under some circumstances. The repercussions for this type of offense may lead to substantial fines and incarceration in a county jail or Oklahoma state prison. Once you bond out of jail a court date is set. At this court date the Judge will require you to hire a criminal defense lawyer. If you cannot offered a lawyer the court will consider appointing you a defense attorney but you must show that you are insolvent.

Assault As Defined By Oklahoma Law

Simple assault, simple battery, and simple assault and battery are misdemeanor crimes in Oklahoma. In Oklahoma, an assault is defined as “any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.” In simpler terms, this means a willful, unlawful use of force or violence upon another person. Oklahoma defines an assault similarly to both common law definitions as an attempt to commit a battery or the intentional placing of another in the apprehension of receiving an immediate battery. 

Assault Upon A Police Officer

Assault upon an officer is a misdemeanor but may be charged as a felony in certain defined circumstances. Anyone who, without justifiable or excusable cause, knowingly commits an assault on a law enforcement officer while the officer is in the performance of their duties is punishable by imprisonment in the county jail not exceeding six months or by a fine not exceeding $500.00, or by both a fine and imprisonment.

A law enforcement officer is a police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or state peace officer employed or duly appointed by any city or state government agency to enforce state laws.

Aggravated Assault

Under Oklahoma law, an assault is raised to aggravated assault when committed under any of the following circumstances:

1. When great bodily injury is inflicted upon the person assaulted; or
2. When committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated.

Oklahoma defines “great bodily injury” under this statute as a bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ, or mental faculty, or substantial risk of death.

Aggravated Assault Upon A Police Officer

Aggravated assault and battery upon law officers includes the physical contact with and attempt to gain control of the firearm of any law enforcement officer. In Oklahoma, aggravated assault upon a law enforcement officer is a felony that may result in imprisonment for life.

Any person who, without justifiable or excusable cause, knowingly commits any aggravated assault and battery upon any law enforcement while the officer is in the performance of their duties is guilty of a felony. This crime is punishable by imprisonment in the custody of the Oklahoma Department of Corrections for not more than life or by a fine not exceeding $1,000, or by both a fine and imprisonment.

If An Officer Is Maimed As A Result Of The Aggravated Assault

Any person who, without justifiable or excusable cause, commits any aggravated assault and battery upon a person that the violator knows or should reasonably know is a law enforcement officer that results in maiming while the officer is in the performance of their duties is guilty of a felony. This crime is punishable by imprisonment in the custody of the Oklahoma Department of Corrections of not less than five years nor more than life or by a fine not exceeding $5,000.00, or by both a fine and imprisonment.

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Oklahoma Criminal Defense Lawyers

An interaction with a law enforcement officer that becomes physical may lead to serious consequences for your freedom and reputation. Sometimes things are not as bad as they seem and in fact just got a little out of hand. If you or a loved one is facing criminal charges for assaulting a police officer in Oklahoma, you need representation from skilled criminal defense lawyers. The attorneys at Kania Law Office have experience protecting the rights of Oklahomans in criminal cases. For more information about how our Oklahoma criminal defense lawyers can help you call (918) 743-2233  or contact us online.