Medical Battery - Tulsa Trial Attorneys
Client Reviews From Medical Battery Trials
"THANK YOU FOR BELIEVING IN ME AND FIGHTING FOR ME WHEN EVEN MY FAMILY GAVE UP." L.H.
"JUST WANTED YOU TO KNOW THAT YOU ARE THE BEST! THANKS FOR ALL YOU HAVE DONE. I KNOW YOU GO HARD FOR YOUR PEOPLE. YOU KNOW YOU ARE PART OF MY FAMILY NOW. LOL! YOU AND YOUR FIRM ROCK!I LOVE YOU BRIAN AND I THANK YOU!" A.R. - 10/10/17
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.
Don’t talk and don’t give a statement.
Don’t talk to people in Jail, or to family over the phone about your case.
Every minute you go without an experienced attorney puts you at risk.
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:
(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
Definition of Medical Battery
1. The defendant has been found guilty of practicing dentistry, medicine, osteopathic medicine, or surgery, without a license or authority as prohibited by the provisions of the State Dental Act, the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, or the Oklahoma Osteopathic Medicine Act;
2. The treatment, or course of treatment, practiced in violation of the provisions of the State Dental Act, the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, or the Osteopathic Medicine Act resulted in the victim having permanent physical injury or disfigurement;
3. The victim consented to such treatment, or course of treatment, under a belief that the defendant was licensed and authorized to diagnose and perform the treatment; and
4. The defendant willfully performed the act knowing that such act was prohibited pursuant to law.
Medical Battery - Punishment
Medical battery is a felony, upon conviction, punishable by imprisonment in the county jail for a maximum term of one (1) year, or imprisonment in the custody of the Department of Corrections for a maximum term of four (4) years, and a maximum fine of Five Thousand Dollars ($5,000.00). In addition, the defendant shall be ordered to make restitution to the victim in an amount as determined by the court. 21 O.S. 650.1(A)
Other Assault and Battery Charges
Domestic Assault and Battery Charges:
Medical Battery 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.