Assaulting a police officer is a serious crime in Tulsa, Oklahoma. If convicted, the consequences could be severe.
A misdemeanor charge of assaulting an officer in Oklahoma is defined as intentionally and knowingly committing an assault on an officer of the law while that officer is in the performance of his or her duties. The officer could be a police officer, a sheriff, a deputy sheriff, or any other peace officer. Okla. Stat. tit. 21 § 649A
What is Assault in Tulsa?
Assault is defined as an intentional attempt or intentional threat of force or violence against another. Okla. Stat. tit. 21 § 641
An assault could entail any attempt or threat of violence, such as pulling a fist back in an attempt to punch an officer. It could also mean reaching for a gun instead of putting your hands up.
No contact or actual injury is required for the crime of assault. All that is required is the attempt or threat of harm.
However, angry words are not enough. There must be some kind of action taken for the crime to have occurred.
Assault in Oklahoma is punishable by up to six months in jail, a fine of up to $500, or both.
Assaulting a Police Officer Can Be a Felony
There are times when assaulting a police officer is a felony offense. An assault coupled with a battery against a peace officer engaged in his or her duties is chargeable as a felony crime. Okla. Stat. tit. 21 § 649 (B)
Battery is defined as the intentional and unlawful use of force or violence against another. Okla. Stat. tit. 21 § 642
Assault is the threat or attempt, and battery is the actual use of force.
These are actually two different laws in Oklahoma.
When a battery is committed against a peace officer, the penalties are harsh.
The felony crime is punishable by up to a year in jail or up to five years in prison. A fine of up to $500 may be assessed in addition to or in lieu of incarceration.
This type of assault and battery can include any attempt to reach for or gain control of the officer’s gun or other firearm. Okla. Stat. tit. 21 § 649 (D)
Aggravated Assault and Battery of a Police Officer
In Oklahoma, aggravated assault and battery is defined as an assault and battery in which either great bodily injury is inflicted upon the victim, or the crime is committed by someone who is strong upon someone who is weak, old, or otherwise incapacitated. Okla. Stat. tit. 21 § 646
In this instance, great bodily injury can mean a fractured bone, disfiguring injuries, or a permanent injury. It also includes any injury in which there is a substantial risk of death.
An aggravated assault and battery upon a police officer is defined as the assault and battery of any peace officer in the performance of his or her duties, without just or excusable cause.
If you attempt to take away a police officer’s gun for any reason while he or she is acting as a police officer or if you make physical contact with that officer, you could be found guilty of aggravated assault and battery upon a police officer.
If you cause any sort of serious bodily injury to an officer, you could face life in prison.
In Oklahoma, aggravated assault and battery of a police officer is a felony offense. If you are convinced, you could spend up to rest of your life in prison, pay a fine of up to $1,000, or both. Okla. Stat. tit. 21 § 650
Free Consultation: Tulsa Criminal Defense Attorney
If you are being charged with assaulting a police officer in Oklahoma, it is important that you hire an experienced Tulsa criminal defense attorney. Assault and battery convictions can carry serious consequences.
Only a local attorney will know the court system and judges in the area. Do not delay. Our initial consultation is free.
Call Wirth Law Office – Tulsa at 918-879-1681 or toll free at 1-888-Wirth-Law (1-888-947-8452). You can also submit the question form at the top right of this page.
We pride ourselves on providing our clients with excellent representation at reasonable prices.