Assaulting a Police Officer in Oklahoma
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.
Free Resources from OKC Criminal Defense Attorneys:
Have you or a loved one been arrested in Oklahoma City? Are you concerned about your future following arrest in Oklahoma? Our team of Your Fierce Advocates® at Cannon & Associates is led by Army Veteran, John Cannon and we’re privileged to fight for client’s rights and freedom in Oklahoma criminal defense cases. Please review our other FREE RESOURCES until we can answer your specific Oklahoma criminal defense questions:
Have you been charged with a serious crime? Have you been arrested? Got warrants?! Worried about defending those charges or worried about how you can make them go away? Well it doesn’t have to be that way. Serious steps need to be taken to avoid charges from becoming convictions. If you answered yes to any of these questions, you need a defense lawyer right away. A lawyer can stop the police from contacting you directly. If you want to get this resolved so you can go back to living your life, CALL NOW at (405) 972-8604. We’re available 24 hours a day, and 7 days a week to schedule a Free Case Planning Session to understand your options and rights in an Oklahoma criminal case!
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.
Free Resources from OKC Criminal Defense Attorneys:
Have you or a loved one been arrested in Oklahoma City? Are you concerned about your future following arrest in Oklahoma? Our team of Your Fierce Advocates® at Cannon & Associates is led by Army Veteran, John Cannon and we’re privileged to fight for client’s rights and freedom in Oklahoma criminal defense cases. Please review our other FREE RESOURCES until we can answer your specific Oklahoma criminal defense questions:
Have you been charged with a serious crime? Have you been arrested? Got warrants?! Worried about defending those charges or worried about how you can make them go away? Well it doesn’t have to be that way. Serious steps need to be taken to avoid charges from becoming convictions. If you answered yes to any of these questions, you need a defense lawyer right away. A lawyer can stop the police from contacting you directly. If you want to get this resolved so you can go back to living your life, CALL NOW at (405) 972-8604. We’re available 24 hours a day, and 7 days a week to schedule a Free Case Planning Session to understand your options and rights in an Oklahoma criminal case!
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.