Most Oklahomans know that committing assault and battery on a police officer is worse than a civilian assault and battery charge. However, not everyone knows the crime is a felony. Further, police officers, sheriffs, OHP troopers, and even Game Wardens fall under this protection—if they are in the line of duty. Let us explain more and what you may face if receiving charges on assault and battery on an officer.
Assault and Battery on a Police Officer
Title 21 of Oklahoma law deals with criminal acts. Under this Title, §649(B) addresses an assault and battery on an officer crime.
“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…”
To fully understand assault and battery in the context of assaulting an officer, you should first know a few basics. So, let us define “assault” and “battery” for you. Assault puts a person in fear of harm. As a result, verbal threats and threatening physical gestures are forms of assault. However, no physical contact occurs.
Battery, however, must include physical contact. It may begin as assault, but once physical contact occurs it becomes battery. So hitting a person with objects, kicking them, shoving or punching them, etc. are all forms of battery.
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Thus, if you threaten or physically harm an officer, you are guilty of assault and battery on a peace officer. Again, this crime generally comes with stricter penalties than a typical assault and battery crime.
Penalties for A&B on an Officer
If you assault or batter an officer, you automatically face felony charges. Therefore, you face imprisonment which may reach 5 years. You are also subject to fines. These will generally be around $500. The part likely impacting you most though is that a felony charge remains on your permanent record. This will disqualify you from certain employment opportunities and prohibit you from ever owning a firearm.
OKC Criminal Attorneys
Our OKC Criminal Attorneys can help you. Assault and Battery on an Officer is a serious crime and we highly recommend you get legal counsel. Our attorneys are qualified and dedicated. We want to help you keep a felony off your record and from costing you far into the future. Your first consultation is free.