Battery by Touching an Assistive Device of Another - Tulsa Trial Attorneys
Client Reviews From Battery by Touching an Assistive Device of Another 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.
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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
Unlawful to Touch an Assistive Device of Another
Every person who, without justifiable or excusable cause and with intent to harass, touches any assistive device of another person, shall upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for a maximum period of (1) year, or by a maximum fine of One Thousand Dollars ($1,000.00), or by both such fine and imprisonment. 21 O.S. 650.10
Definition of “Assistive Device”
As used in this section, "assistive device" means any device that enables a person with a disability to communicate, see, hear, or maneuver. 21 O.S. 650.10
Other Assault and Battery Charges
Battery by Touching an Assistive Device of Another
Domestic Assault and Battery Charges
Battery by Touching an Assistive Device of Another 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.