Unlawful Assault and Battery on a School 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.

  1. Don’t talk and don’t give a statement.

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  3. Every minute you go without an experienced attorney puts you at risk.

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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:

(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 (School Employee) / Student - Elements

No person may be convicted of assault / battery / (assault and battery) upon a (School Employee) / Student 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), without justifiable or excusable cause: 

(3) upon a teacher / principal / (duly appointed person employed by a school system) / (employee of a firm contracting with a school system);

(4) while the teacher / principal / (duly appointed person employed by a school system) / (employee of a firm contracting with a school system) was in the performance of his/her duties as a school employee; 

OR

(3) upon a student; 

(4) while the student was (participating in any school activity) / (attending classes on school property during school hours) ] OUJI-CR 4-17A

Aggravate Battery upon School Employee - Elements

No person may be convicted of aggravated battery / (assault and battery) upon a school employee unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

(1) (a battery ) / (an assault and battery);

(2) by inflicting great bodily injury;

(3) without justifiable or excusable cause; 

(4) upon a teacher / principal / (duly appointed person employed by a school system)/(employee of a firm contracting with a school system);

(5) while the teacher / principal / (duly appointed person employed by a school system )/ (employee of a firm contracting with a school system) was in the performance of his/her duties as a school employee. OUJI-CR 4-17B


Other Assault and Battery Charges

Domestic Assault and Battery Charges:

Unlawful Assault and Battery on a School 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.

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