In March of 2017 a Broken Arrow English professor was arrested on complaints of running a red light and driving under the influence. While handcuffed during the arrest, the teacher lunged at the arresting officer. He hit the officer with the handcuffs and tried to continue physically attacking the officer. This resulted in felony Assault and Battery on an Officer charges. If you find yourself in a situation like this, the following article explains the legal ramifications and what you may face.
LAWS: Assault and Battery on an Officer
In Oklahoma, the law considers assault and battery on an officer a felony. The specific law, 21 Okl.St.Ann. §649(B), states the anyone who “knowingly” on any police, sheriff or deputy, highway patrolman, correction officer, or other state peace officer is “guilty of a felony”. This further includes the condition that the officer must be performing his or her officials duties when the assault and battery occurs.
Assault and Battery Must Exist
For assault and battery on an officer to stick, there must be a legitimate assault and/or battery claim. An assault occurs when there is no physical contact, but a deliberate attempt to put the officer in fear of physical harm. This could be verbally, through the use of threatening gestures, etc.
A battery though, is more complex. An assault is putting the officer in apprehension or fear of harm, while a battery involves actual physical contact. So hitting an officer with your body or an object is battery. Attempting to reach for an officer’s gun is also a battery under law. Therefore, if you commit an assault or battery on an officer while the officer is working, then you are eligible for these charges.
ELUDING AN OFFICER CHARGES ALSO? SEE OUR BLOG FOR MORE INFO.
Legal Consequences for A&B on an Officer
The law treats Assault on a Police Officer with a higher standard. Again, the law considers this charge felonious. In Oklahoma, if facing felony charges, you generally will be subject to up to five years in prison and a possible fine reaching $500. If convicted, the charge remains on your permanent record. This is often a dis-qualifier for certain licensing and employment opportunities, and sometimes even housing.
Contact a Criminal Defense Lawyer in Oklahoma
Officers often find themselves in dangerous situations. Tensions are always higher when an officer is present and on-duty. This can cause volatile situations. Let us present your side of things. Our criminal defense attorneys have thousands of defense cases under their belt. This gives them the know-how to navigate the legal system in a way most favorable to you.