Assault and Battery Against Law Enforcement
Assault and battery crimes are taken very seriously in Oklahoma, and our state has laws against many different assault and battery scenarios. For instance, assault and battery against someone with whom you have a relationship or share a household may be considered domestic abuse.
Another instance of assault and battery that is specifically defined is that against a law enforcement officer. You can be charged with this crime if you commit assault and battery against:
- A police officer
- A sheriff
- A deputy sheriff
- A highway patrol officer
- A corrections officer
- Any other state peace officer
What Constitutes Assault and Battery Against Law Enforcement?
According to section 21-649 of the Oklahoma Statutes, this crime may be charged if a person knowingly commits assault and battery against a law enforcement officer who is in the performance of his or her duties. In other words, the officer must either be in uniform or have otherwise revealed to you that he or she is, in fact, an officer of the law.
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Potential Penalties
If found guilty of assault and battery against a law enforcement officer, you could face one or both of the following:
- Up to five years in prison
- A fine of up to $500
Any attempt to gain control or reach for an officer’s weapons will qualify as an assault and battery under this section. Also, it is not necessary that the law enforcement officer be on duty at the time if the nature of the assault or assault and battery relates back to the officer’s position.
Aggravated Assault and Battery on Police Officer
If the assault and battery rises to the level of an Aggravated Assault and Battery, the punishment range increases to up to life in prison and/or fine not to exceed $1000. If an officer is maimed as a result of an assault and battery on the officer, the punishment range increase to not less than 5 years and up to life in the state prison and/or a fine not to exceed $5000. It should be noted, that the knowledge requirement of being a police officer is less when the officer is maimed. If maimed, then the accused must have known or should have reasonable known that the person was an officer.
Call the Hunsucker Legal Group at (405) 544-2992 to schedule a free, no-risk case consultation today.
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DEFENDING OVER 300 CRIMINAL CASES A YEAR John Hunsucker, Director on the Board of the Oklahoma Criminal Defense Lawyer’s AssociationServing as Oklahoma’s NCDD State Delegate, John is also a Faculty Member of the National College for DUI Defense. John and the Hunsucker team surpass the required continuing education each year and train and/or instruct not only on a statewide level, but nationally also.
