Aggravated Assault and Battery upon Law Officers - Tulsa Trial Attorneys

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Client Reviews From Aggravated Assault and Battery upon Law Officers Trials

"I WOULD HAVE BEEN IN PRISON IF IT WASN'T FOR BRIAN AND CIERA.  I HAVE NEVER HAD AN ATTORNEY FIGHT FOR ME LIKE THEY DID."  T.W.

"THEY KNOW THE LAW, AND THEY AREN'T AFRAID OF HEARINGS OR TRIAL.  THEY GOT ME A VERY GOOD OFFER, BUT I TURNED IT DOWN AND SAID I WANTED TO GO TO TRIAL.  THEY DIDN'T ARGUE WITH ME LIKE MY LAST ATTORNEY.  CIERA AND BRIAN SIMPLY EXPLAINED THE RISKS AND WHEN I TOLD THEM I WAS SURE ABOUT GOING TO TRIAL, THEY WENT AHEAD AND FOUGHT HARDER THAN ANY ATTORNEYS I HAVE EVER SEEN.  THE END RESULT WAS A NOT GUILTY!"  D.T.

Time is of the Essence

First and foremost, call us right away at 918-884-7791.   Whenever you get arrested on such a serious charge, time is of the essence.  Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member.  The police and the DA will be doing everything in their power to gather incriminating evidence. Just like the police, you should have a team gathering evidence and statements from Day 1.

  1. Don’t talk and don’t give a statement.

  2. Don’t talk to people in Jail, or to family over the phone about your case.

  3. Every minute you go without an experienced attorney puts you at risk.

  4. Don’t hire just any attorney. make sure they are a successful Trial Attorney.

Assault and Battery - Legal Definition

You can be convicted of Assault if you, willfully and unlawfully attempt or offer with force or violence to do a corporal hurt to another. 21 O.S. 641

You can be convicted of Battery if you, willfully and unlawfully use of force or violence upon the person of another. 21 O.S. 642

Assault and Battery - Elements

No person may be convicted of assault and battery unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

(1) willful; 

(2) unlawful; 

(3) use of force or violence; 

(4) upon another person. OUJI-CR 4-26

Assault and Battery - Lay Terms

The main difference between assault and battery is this: Assault can be limited to only the threat of harm, while battery is the actual cause of physical harm from one person to another. Oklahoma case law claims that if there is a battery then there must have been an assault. Hall v. State

Aggravated Assault and Battery Upon Law Officers

Every person who, without justifiable or excusable cause, knowingly commits any aggravated assault and battery upon the person of a police officer, sheriff, deputy sheriff highway patrolman, corrections personnel, or any state peace officer employed by any state or federal governmental agency to enforce state laws, while the officer is in the performance of his or her duties shall upon conviction thereof be guilty of a felony, which shall be punishable by imprisonment in the custody of the Department of Corrections for not more than life or by a maximum fine of One Thousand Dollars ($1,000.00), or by both such fine and imprisonment. 21 O.S. 650(A)

Every person who, without justifiable or excusable cause, commits any aggravated assault and battery upon a person that the violator knows or should reasonably know is a police officer, sheriff, deputy sheriff or highway patrolman, corrections personnel, or any state peace officer employed by any state or federal governmental agency to enforce personell laws, that results in maiming as defined in Section 751 of this title, while the officer is in the performance of his or her duties shall upon conviction be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections of not less than five (5) years nor more than life or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. 21 O.S. 650(B)

For purposes of this section, aggravated assault and battery upon law officers, includes the physical contact with and in attempt to gain control of the firearm of any police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel or any peace officer employed by any state or federal governmental agency to enforce state laws. 21 O.S. 650(C)

Aggravated Assault and Battery Upon Police or Other Peace Officer - Elements

No person may be convicted of aggravated assault and battery upon a (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(State peace officer) unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

1.) an assault and battery

2.) upon a (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(State peace officer);

3.) known by the defendant(s) to be a (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(State peace officer);

4.) by inflicting great bodily injury;

5.) without justifiable or excusable cause;

6.) committed while the (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(State peace officer) was in the performance of his/her duties as a (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(State peace officer). OUJI-CR 4-15

Definition of Peace Officer

The term "peace officer" means any sheriff, police officer, federal law enforcement officer, tribal law enforcement officer, or any other law enforcement officer whose duty it is to enforce and preserve the public peace. 21 O.S. 99

Other Assault and Battery Charges

Domestic Assault and Battery Charges:

Aggravated Assault and Battery Upon Law Officers Litigation Expertise

You need an attorney who not only knows the law, but also knows how to cross-examine alleged victims and witnesses that have a motive to lie.  Let Boeheim Freeman Law’s expertise in cross examination and forensics make the difference in your case.

Call Us Today - 918-884-7791