Assault and Battery upon Employee of Office of Juvenile Affairs - Tulsa Trial Attorneys

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Client Reviews From Assault and Battery upon Employee of Office of Juvenile Affairs Trials

"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.

"NOT ONLY WERE THEY FEROCIOUS IN COURT, BUT THEY TREATED ME AND MY FAMILY WITH KINDNESS AND RESPECT."  S.N.

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

Assault and Battery upon Employee of Office of Juvenile Affairs

Every person who, without justifiable or excusable cause, knowingly commits any assault, battery or assault and battery upon the person of an employee of a facility maintained by the Office of Juvenile Affairs, a facility maintained by a private contractor pursuant to a contract with the Office of Juvenile Affairs primarily for delinquent children, a juvenile detention center, or a juvenile bureau, while the employee is in the performance of his duties, shall upon conviction thereof be guilty of a felony.

This section shall not supersede any other act or acts, but shall be cumulative thereto. 21 O.S. 650.8

Assault and Battery upon an Employee of a (Facility for Delinquent Children)/ (Juvenile Detention Center) / (Juvenile Bureau) - Elements

No person may be convicted of assault / battery / (assault and battery) upon an employee of a (facility for delinquent children) / (juvenile detention center )/ (juvenile bureau) unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

(1)  (an assault) / (a battery) / (an assault and battery);

(2) upon an employee of a (facility maintained by [the Office of Juvenile Affairs] / [private contractor pursuant to a contract with the Office of Juvenile Affairs primarily for delinquent children]) / (juvenile detention center) / (juvenile bureau);

(3) known by the defendant(s) to be an employee of a (facility maintained by [the Office of Juvenile Affairs] / [private contractor pursuant to a contract with the Office of Juvenile Affairs primarily for delinquent children]) / (juvenile detention center) / (juvenile bureau);

(4) without justifiable or excusable cause; 

(5) committed while the employee was in the performance of his/her duties as an employee of a (facility maintained by [the Office of Juvenile Affairs] / [private contractor pursuant to a contract with the Office of Juvenile Affairs primarily for delinquent children]) / (juvenile detention center) / (juvenile bureau);. OUJI-CR 4-18B

Other Assault and Battery Charges

Domestic Assault and Battery Charges:

Assault and Battery upon Employee of Office of Juvenile Affairs 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.

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