An assault and battery upon a police officer Oklahoma carries some serious ramifications if you are convicted. It can be charged as a felony in Okmulgee depending upon the severity of the threat and the contact involved.
The Difference Between Assault and Battery
Before we examine assault and battery upon a police officer Oklahoma, it is important to get a clear understanding of what assault and battery are under the law. Assault and battery are actually two different crimes that often occur together.
An assault is the willful and unlawful threat or attempted threat of the use of force or violence against another. If you advance quickly upon someone in a menacing way and raise your arm to hit that person, you may be charged with assault in Oklahoma. Okla. Stat. tit. 21 § 641
A battery is the willful and unlawful use of force or violence upon another person. In the previous example, when your arm makes contact with the other person in a forceful way, that is a battery. Okla. Stat. tit. 21 § 642
The two are often charged together as they often occur together.
Assault and Battery Upon a Police Officer Oklahoma
The statute provides for a minimum sentence of up to six months in jail and a fine of up to $500 for a simple assault upon a police officer to a maximum of five years for an assault and battery upon a police officer Oklahoma. Okla. Stat. tit. 21 § 649
Exchanges between suspects and police can become heated and can escalate quickly. Simply resisting arrest by lashing out an arm or a leg can get you charged with assault and battery upon a police officer Oklahoma. The facts here and the chronology of facts can be very important in your defense.
Defenses to an Assault and Battery Charge
There are some situations in which assault and battery are lawful when committed. A police officer may use reasonable force in his or her duties.
In addition, a person may use the force necessary to defend another person from violence or to prevent unlawful interference with real or personal property. It may be lawful for a parent, teacher, or the like to use reasonable force to restrain or correct a child, provided it is necessary.
It may also be lawful for the agent of any carrier of passengers to use reasonable force to expel a person who refuses to obey the lawful regulations of the carrier. It is also lawful to restrain the mentally ill from committing an act that would endanger themselves or others. Okla. Stat. tit. 21 § 643
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or someone you know is charged with assault and battery upon a police officer Oklahoma, call 918-756-9600 right away for a initial strategy session with an Okmulgee criminal defense attorney.
You may also send a message to the Wirth Law Office – Okmulgee through this website. All inquiries are confidential.
