ASSAULT AND BATTERY UPON A POLICE OFFICER

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Assault and Battery upon a Police Officer occurs in two situations: the first requires an assault and battery, but instead of being upon an ordinary person, the act was done upon a police officer who was acting in their duties. A police officer under this law includes any sheriff, highway patrolman, corrections personnel, or other state peace officer. Each element of the crime must be proven beyond a reasonable doubt. The second looks like someone attempting to get control of a policeman’s firearm without a good cause. The person committing the crime must know in both situations that the officer was an officer, and that the officer was on duty.

Oklahoma Statute

The statute for Assault and Battery upon a Police Officer is OKLA. STAT. tit. 21 § 649, which states that “For the purposes of this section, assault and battery upon law officers includes any attempt to reach for or gain control of the firearm of any police officer, sheriff, deputy sheriff, highway patrol, corrections personnel as defined in Section 649 of this title, or any peace officer employed by any state or federal governmental agency to enforce state laws.”

Elements of the Crime

In order to be convicted of Assault and Battery upon a Police Officer 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 EITHER:

1) an assault, battery, or assault and battery;

2) done upon a police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or state peace officer;

3) known by the defendant to be a police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or state peace officer;

4) without justifiable or excusable cause; and

5) committed while the police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or state peace officer was in the performance of his or her duty of his or her job.

OR

1) A willful attempt to reach for or gain control;

2) of the firearm;

3) of any police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or state peace officer employed by a state or federal governmental agency to enforce state laws;

4) known by the defendant to be a police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or state peace officer;

5) without justifiable or excusable cause; and

6) committed while the police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or state peace officer was in the performance of his or her duty of his or her job.

Oklahoma Jury Instruction #4-16.

What the Skilled Lawyers at Cannon & Associates Can Do For You

Being charged with Assault and Battery upon a Police Officer 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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