Assaulting an Emergency Care Provider
Assault and Battery upon an Emergency Care Provider requires that an assault and battery, or assault with a deadly weapon, occur upon a medical care provider. A defendant does not need to know that the victim was an emergency medical care provider to be charged with assault and battery of an emergency care provider. Oklahoma defines an emergency care provider as someone who is a doctor, nurse, intern, resident, paramedic, nurse’s aide, ambulance attendants and operators, EMT, paramedic, or a part of the hospital security force.
The statute for Assault and Battery upon an Emergency Care Provider is OKLA. STAT. tit. 21 § 650.4, which states that “Every person who, without justifiable or excusable cause and with intent to do bodily harm, commits any assault, battery or assault and battery upon the person of an emergency medical care provider who is performing medical care duties, upon conviction, is guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not exceeding two (2) years, or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment. As used in this section, “emergency medical care provider” means doctors, residents, interns, nurses, nurses’ aides, ambulance attendants and operators, paramedics, emergency medical technicians, and members of a hospital security force.”
Elements of the Crime
In order to be convicted of Assault and Battery upon an Emergency Care Provider in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:
1) an assault and battery, or an assault with a firearm or deadly weapon occurred;
2) the act was upon an emergency medical technician or care provider;
3) by inflicting great bodily injury;
4) with intent to do bodily harm;
5) without justifiable or excusable cause;
6) committed while the technician or care provider was in the performance of his or her duties as an emergency medical technician or care provider.
Oklahoma Jury Instruction #4-21.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Assault and Battery upon an Emergency Care Provider in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.
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