Assault and Battery upon a Police Dog or Horse - Tulsa Trial Attorneys
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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.
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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:
(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
Mistreating or Interfering with Police Dog or Horse - Penalty
No person shall willfully strike, torment, administer a nonpoisonous desensitizing substance to, or otherwise mistreat a police dog or police horse owned, or the service of which is employed, by a law enforcement agency of the state or a political subdivision of the state. 21 O.S. 649.1(A)
Any person convicted of violating any of the provisions of this section shall be guilty of a misdemeanor, punishable by the imposition of a minimum fine of Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a maximum of one (1) year, or by both such fine and imprisonment. In addition, the person shall be ordered to pay restitution, which shall be paid to the law enforcement agency or political subdivision of the state which employed the service of the police dog or horse. 21 O.S. 649.1(C)
Killing a Police Dog or Horse
No person shall willfully kill; beat; torture; injure so as to disfigure or disable; administer poison to; set a booby trap device for the purpose of injury so as to disfigure, disable or kill; or pay or agree to pay bounty for purposes of injury so as to disfigure, disable or kill any police dog or police horse owned, or the service of which is employed, by a law enforcement agency of the state or a political subdivision of the state. 21 O.S. 649.2(A)
Punishment for Assault & Battery on a Police Dog or Horse
Any person convicted of violating any of the provisions of this section shall be guilty of a misdemeanor, punishable by the imposition of a minimum fine of One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a maximum of one (1) year, or by both such fine and imprisonment. 21 O.S. 649.2(A)
Any person who knowingly and willfully and without lawful cause or justification violates the provisions of this section, during the commission of a misdemeanor or felony, shall be guilty of a felony, punishable by the imposition of a minimum fine not of One Thousand Dollars ($1,000.00), or by imprisonment in the Department of Corrections for a maximum of two (2) years, or by both such fine and imprisonment. 21 O.S. 649.3(C)
In civil cases: A remedy associated with unjust enrichment in which the amount of recovery is typically based on the defendant's gain rather than the plaintiff's loss.
In criminal cases: Full or partial compensation for loss paid by a criminal to a victim that is ordered as part of a criminal sentence or as a condition of probation. Wex Legal Dictionary
Other Assault and Battery Charges
Assault and Battery upon a Police Dog or Horse
Domestic Assault and Battery Charges:
Assault and Battery Upon a Police Dog or Horse 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.