Assault and Battery upon Department of Corrections Employee - 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
Assault and Battery upon Department of Corrections Employee - Elements
No person may be convicted of assault / battery / (assault and battery) upon a Department of Corrections employee 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) by a person in the custody of the Department of Corrections;
(3) upon a Department of Corrections employee;
(4) known by the defendant(s) to be a Department of Corrections employee;
(5) without justifiable or excusable cause;
6) committed while the Department of Corrections employee was in the performance of his/her duties as a Department of Corrections employee. OUJI-CR 4-18A
Other Assault and Battery Charges
Assault and Battery upon Department of Corrections Employee
Domestic Assault and Battery Charges
Assault and Battery upon Department of Corrections Employee 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.