Assault and battery on a police officer in Oklahoma is a serious crime. In Muskogee, you do not even have to actually strike a law enforcement officer to be charged with this crime.
Oklahoma courts take all crime very seriously, especially crimes against police officers.
If you are charged with committing an assault or battery against a police officer in the Muskogee area, it is important that you contact an experienced criminal defense attorney in Muskogee as soon as possible and certainly before you make any statements to police.
Remember that any statement you make to the police can be used against you later.
Assault and Battery: One Crime or Two?
It is important to understand that under the law in Oklahoma, assault is one crime and battery is another. Because of the nature of the two crimes, they often occur together and are often charged together. An assault is any intentional attempt or threat of force or violence against another person. Okla. Stat. tit. 21 § 641
A battery is the intentional and unlawful use of force or violence against another. Okla. Stat. tit. 21 § 642
Angry words alone are not enough to constitute an assault, but if you cock your fist back as if to punch someone, that is an assault. The punch is the battery.
Any assault and battery can be a serious crime in Muskogee. An assault and battery on a police officer in Oklahoma will have added penalties and jail time.
FAQ: Assault and Battery on a Police Officer in Oklahoma
Any police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or state peace officer, in the performance of his or her duties, qualifies as a police officer for purposes of this statute under Oklahoma law.
If someone assaults a police officer without just cause, that person faces jail time of up to six months, or a fine of up to $500, or both. Okla. Stat. tit. 21 § 649
If convicted of an assault and battery on a police officer in Oklahoma, you could face imprisonment in the custody of the Department of Corrections for up to five years or in the county jail for up to one year, or pay a fine of up to $500, or both.
Any attempt to take a police officer’s gun qualifies as assault and battery under the law.
FAQ: Maiming Injury
If the assault and battery causes grave bodily injury to the officer, it can be charged as aggravated assault, a felony crime in Oklahoma. Okla. Stat. tit. 21 § 646
If convicted of aggravated assault of the police officer, especially if the battery results in the maiming of the officer, you could face up to life in prison in addition to fines. Okla. Stat. tit. 21 § 650
Low-cost Consultation: Muskogee Felony Defense Attorney
Assault and battery on a police officer in Oklahoma is a serious crime, with very grave ramifications if convicted.
For a initial strategy session with an experienced Muskogee criminal defense attorney from Wirth Law Office – Muskogee, call 918-913-0725 or toll free at 1-888-Wirth-Law (1-888-947-8452).
