Battery by Touching an Assistive Device of Another - Tulsa Trial Attorneys

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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.

"THANK YOU FOR BELIEVING IN ME AND FIGHTING FOR ME WHEN EVEN MY FAMILY GAVE UP." L.H.

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

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

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.

Call Us Today - 918-884-7791