Assault and Battery upon Referee or Umpire - Tulsa Trial Attorneys

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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 Referee or Umpire

Every person who, without justifiable or excusable cause and with intent to do bodily harm, commits any assault, battery, assault and battery upon the person of a referee, umpire, timekeeper, coach, official, or any person having authority in connection with any amateur or professional athletic contest is guilty of a misdemeanor and is punishable by imprisonment in the county jail for a maximum of one (1) year or by a maximum fine of One Thousand Dollars ($1,000.00), or by both such fine and imprisonment. 21 O.S 650.1

Assault and Battery upon Referee Elements

No person may be convicted of assault / battery / (assault and battery) upon a referee / umpire / timekeeper / coach / (athletic official) / (person with authority in connection with any amateur or professional athletic contest) 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 a referee / umpire / timekeeper / coach / (athletic official) / (person with authority in connection with any amateur or professional athletic contest);

(3) without justifiable or excusable cause; 

(4) with intent to do bodily harm;

(5) while the referee / umpire / timekeeper / coach/ (athletic official )/ (person with authority in connection with any amateur or professional athletic contest) was in the performance of his/her duties as a referee / umpire / timekeeper / coach / (athletic official) / (person with authority in connection with any amateur or professional athletic contest). OUJI-CR 4-17

Other Assault and Battery Charges

Domestic Assault and Battery Charges:

Assault and Battery upon Referee or Umpire 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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