Is Assault and Battery on a Police Officer a Serious Crime in Okmulgee County

Assault and Battery on a Police Officer

In Okmulgee County, assault and battery on a police officer is a serious crime. Not only does it carry the weight of attacking someone, but also the severity of targeting a law enforcement officer. Understanding what happen after this charge is important for anyone who has been involved in this type of situation. Here, we’ll dive into what constitutes assault and battery on a police officer in Okmulgee County and some of the legal consequences.

Understanding Assault and Battery on a Police Officer

Assault and battery, while often paired, are distinct charges under Oklahoma law:

  • Assault involves a deliberate attempt or threat to inflict bodily injury upon someone else, creating a reasonable fear of imminent harm.
  • Battery refers to the actual physical contact or bodily harm inflicted on another person against their will.

When these are directed against a police officer, the charges become significantly more severe. The key element elevating the severity is the victim’s status as a law enforcement officer who is carrying out their duties. Oklahoma law provides greater protection to police officers due to the risks associated with their job responsibilities. Additionally, this charge is usually tacked onto resisting arrest. What this means is that it increases the amount of time you will likely be facing after your sentencing.

Legal Penalties

In Okmulgee County, the penalties for offenses against police officers are more severe than those for offenses against civilians. These penalties reflect the seriousness of the crime and typically include:

  • Higher Fines: Fines for assaulting a police officer are generally higher than those for assault or battery against a regular citizen.
  • Longer Prison Sentences: Convictions often result in prison time, with sentences that exceed those for standard assault or battery charges.
  • Permanent Criminal Record: A conviction will lead to a permanent criminal record, which impacts several aspects of your life.

A conviction can result in imprisonment for up to five years in the state penitentiary, a fine of up to $500, or both. Additionally, the sentence can be harsher if the assault results in significant injury or if the offender has a prior criminal record. Further, this offense can lead to long-term consequences. For example receiving a permanent criminal record, loss of certain civil rights such as owning guns, and potential difficulties in employment and housing. This is also a felony conviction that cannot receive an expungement due to the violent nature of it.

Defenses Against Assault and Battery on a Police Officer

Defending against charges of assault and battery on a police officer requires a well-planned legal strategy. Some potential defense options include things such as:

  • Self-Defense: Arguing that you were acting in self-defense and that the use of force was necessary under the circumstances. This defense could be useful if you did not recognize the officer in questions as police and thought they were a civilian attacker.
  • Lack of Intent: Demonstrating that there was no intention to harm the officer or that you did not know that they’re a police officer. This defense would come into play if the officer was off-duty or was undercover in plain clothes.
  • Mistaken Identity: Claiming that you were incorrectly identified as the perpetrator. This is a less common defense due to most officers requiring you to identify yourself during their interactions with you, but is not unheard of.

Because assault and battery on a police officer is such a severe crime, defending it is not an easy task. Oklahoma charges these crimes heavily, so it’s important to know what you’re up against. A criminal defense attorney is the best person to help defend you against these crimes. They will gather the evidence from the District Attorney, and will tailor the case to your needs.

Okmulgee Criminal Defense Attorneys

Assault and battery on a police officer is a very serious crime in both Oklahoma and Okmulgee County. Because of this, understanding the meaning of these charges is important to those who are facing them. Getting legal representation is your best change at fighting against these charges or minimizing the severity of the penalties. If you’re facing such charges, our team at Kania Law Office – Okmulgee can help. For a free and confidential consultation with one of our skilled criminal defense attorneys, call us at 918-621-8083 or click here to ask a free online legal question. To learn about other legal topics, check out our Okmulgee law blog.