Muskogee Criminal Lawyers

Muskogee Criminal Lawyers

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:

  1. a battery or assault and battery;
  2. upon a (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(State peace officer);
  3. known by defendant to be a (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(State peace officer);
  4. without justifiable or excusable cause;
  5. 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.

Criminal Defense Blog

What is a False Personation Charge in Oklahoma?

False Personation Charge is a serious crime that could cost you your freedom. If someone in Oklahoma tells you they’ve been charged with false personation, they are facing a potential felony. False personation occurs when someone pretends to be another person with the intent to deceive. This act can lead to various legal issues depending on what the impersonator does under that false identity. Receiving Money or Property Intended for Another In Oklahoma, false personation charge is a crime where the person pretends to be someone else… Read More

What’s The Difference Between a Deferred vs. Suspended Sentence in Tulsa

The difference between a deferred vs. suspended sentence is like the difference between day and night. When you are being accused of a crime in Oklahoma the stakes are high. The decision on whether to take the case to trial or take a plea deal is heavy on your mind. Among many factors impacting your decision is the strength of the States evidence and the plea deals on the table. Many people believe that a deferred and suspended criminal sentence are the same.  This is not true. … Read More

What Do I Do If I’m Charged With a Sex Crime in Oklahoma

Being charged with a sex crime in Oklahoma is a serious and stressful situation. It carries significant legal and social consequences. Few other crimes carry the same kind of stigma than do sex crimes. This kind of criminal charge congers up images that place a label on a defendant that may be far different than what’s really true. Often time sex crime divisions at the prosecutors office are assigned and their approach is much more aggressive than a normal criminal prosecution. If you find yourself in this… Read More

Is it Possible to Reduce a Felony to a Misdemeanor in Tulsa

In Oklahoma, it is sometimes possible to reduce a felony charge or conviction to a misdemeanor, which can alleviate some of the burdens that come with felony charges. This process is known as “misdemeanor reduction” or “reduction of charge.” Understanding how this process works and when it may be available can be crucial for individuals seeking to mitigate the impact of a felony conviction. Legal Mechanisms for Reducing a Felony to a Misdemeanor During the initial stages, defense attorneys may negotiate with the prosecution to reduce the… Read More