Our Muskogee Criminal Lawyers represent people throughout Oklahoma facing criminal charges. We hanlde both felony and misdemeanor charges.If youve been charged with assault and battery on a Police officer read on. Otherwise, read our blog for topics that relate to your case. We regularly defend clients who have had an altercation with an officer on duty. An attack on a police officer is illegal, unless it is considered reasonable resistance by the defendant to an unlawful arrest. Meanwhile, the consequences for an attack on an officer are worse than a regular assault and battery. It is imperative that you seek legal assistance if you have been charged with this crime. Read on to learn more about assault and battery on a police officer in Oklahoma.
Assault and Battery on a Police Officer
Assault and battery is a violent crime that can result in either a misdemeanor or felony. When committed upon a law enforcement official, it is a much more serious crime. Okla. Stat. tit. 21, § 649(B) criminalizes the following:
- “battery” or “assault and battery” on a law enforcement officer
- while the officer is performing his or her duties
In order to convict you for this crime, the prosecution must show:
- a battery or assault and battery;
- upon a (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(State peace officer);
- known by defendant to be a (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(State peace officer);
- without justifiable or excusable cause;
- committed while the officer was in the performance of his/her duties as a (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(State peace officer). § 649(B)
Assault and battery upon law officers includes any attempt to reach for or gain control of the firearm of such officer.
Punishment for Assault on a Police Officer
A person who commits assault and battery on a police officer will be guilty of a felony. The maximum fine for this crime is $500. In addition, you could serve a sentence of up to 5 years in the Deparment of Corrections or 1 year in the County Jail. If you are accused of commiting assault and battery upon a police officer, call an experienced attorney who can help your case.
Muskogee Criminal Defense Attorneys
An attack on a police officer can carry serious penalties. Needless to say, you do not want to get convicted for this crime. Your best course of action is to call an experienced criminal defense attorney. No one knows this area of the law better than our Muskogee Criminal Lawyers. Your first consultation is free, so go ahead and call us today.