In April of 2017, an Oklahoma City man was charged with assault and battery on an officer.  The man was tailgating an undercover police car.  When the undercover car requested back up, the man fled.  He eventually parked his vehicle and exited it.  While walking down the sidewalk, the man was approached by another officer.  Upon the confrontation with the officer, the man attacked the officer in an attempt to fist fight him and flee again.  The motives for the behavior are still unclear. The man attacked an officer, but he would face the same charges if the victim was any peace officer on duty. Assault and Battery on an Officer in Wagoner County is serious and could result in charges being filed against you.

What is Assault and Battery on an Officer?

Under Oklahoma law in Wagoner County a person must knowingly use assault and battery on an officer.  See 21 Okl.St.Ann. §649(B).  The statute further defines what an “officer” is under law.  This is:

–  a police officer

–  a sheriff or deputy sheriff

–  highway patrol officers

–  corrections officers, etc.

Anyone falling under one of these categories that suffers an assault and battery while on duty, may press assault and battery on an officer charges.  This is a felony offense.

Assault and Battery Must Be Present

To contextualize the charge, you need to know what assault and battery is.  Assault involves making a person fear that you will harm them.  So, walking at them with threatening body language and gestures, or verbal threats are both examples of assault.  Battery though, is actually harming a person.  Therefore, some type of physical contact must exist.  If you hit a person or use an object to hit a person and cause some sort of injury (no matter how minor), you have committed a battery.  As a result, if you engage in either of these offenses toward an officer while they are on duty, then you are guilty of assault and battery on an Officer.

Legal Consequences of A&B on an Officer

Assault and battery can alone carry severe consequences.  But, when the victim is an officer the charges elevate drastically.  Assault and Battery on an officer is a felony charge.  This generally comes with a jail sentence of potentially 5 years and fines around $500.  Felonies can damages your current prospects as well as future prospects by remaining on your record even after punishment is complete.

Wagoner Criminal Attorneys Near You

Officer are often in high stress situations when assault and battery incidents occur.  Further, if the officer is in a high stress situation that means you are too. We know that there are two sides to every story.  Let us hear your side and provide you with a solid legal defense.  Our first consultation is free.