In Rogers County assault and battery on a police officer charges can land you in jail. In early August two men were fleeing in a stolen vehicle near Peoria and I-44. During the incident an OHP trooper was chasing them. He states that several heavy metal objects were being thrown from the vehicle onto the police car. Later reports show that the objects were tools. The two were charged with assault and battery on an officer. In Oklahoma, not only are highway patrol officers, but sheriffs, corrections officers, and even game wardens are all under the umbrella of “officer”.
Assault and Battery on a Police Officer
“Every person who….knowingly commits battery or assault and battery upon the person of a police officer, sheriff, deputy sheriff, highway patrolman, corrections [officer], or other state peace officers…while the officer is in the performance of his or her duties….shall be guilty of a felony…”—21 Okl.St.Ann. §649(B)
Understanding Assault and Battery
Assault is a different crime than battery. You can have assault without a
battery simply because assault means that no physical contact actually happens. Assault occurs when you make a person fear that you will physically harm them. This can be yelling at someone, using threatening gestures, or verbal threats. Doing this toward an officer is technically “assault on an officer”.
FACING AGGRAVATED ASSAULT CHARGES? SEE MORE HERE ABOUT HOW TO FIGHT IT.
Battery often follows assault because battery requires physical contact. So you may yell at an officer and threaten them, but you commit battery when you hit or attempt to hit them. So throwing objects with the intention of hitting, punching, kicking, and more are all forms of battery.
Legal Consequences
Assault and battery crimes are serious. But, when you are facing charges of assault and battery on a Police Officer you automatically face felony charges. Felony charges in Oklahoma generally have a minimum jail time requirement of 1-5 years, plus fines reaching $500. However, if the assault and battery is severe these punishments could increase. In most felony crimes in Rogers County you’ll be looking at either a deferred sentence of a suspended sentence.
Our Rogers County Attorneys Can Help
Assault and Battery on a Police officer is a serious offense. This could cost you employment opportunities and even at times housing. If you find yourself facing this type of charge call us. Our criminal defense attorneys have years of experience in getting charges reduced, dropped, or even dismissed. First consultation is free.
