Aggravated Assault and Battery upon an EMT or Care Provider - Tulsa Trial Attorneys

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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

Aggravated Assault and Battery upon Emergency Medical Care Provider - Elements

No person may be convicted of aggravated assault and battery upon an emergency medical technician / (care provider) unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

(1) an (assault and battery ) / (assault with a firearm/ (deadly weapon));

(2) upon an emergency medical technician / (care provider);

(3) by inflicting great bodily injury;

(4) with intent to do bodily harm;

(5) without justifiable or excusable cause;

(6) committed while the technician / (care provider) was in the performance of his/her duties as an emergency medical technician / (care provider). OUJI-CR 4-21

Aggravated Assault and Battery or Assault with Firearm upon Emergency Medical Technician or Care Provider

Every person who, without justifiable or excusable cause and with intent to do bodily harm, commits any aggravated assault and battery or any assault with a firearm or other deadly weapon upon the person of an emergency medical technician or other emergency medical care provider, upon conviction, is guilty of a felony punishable by imprisonment in a state correctional institution for not more than one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such fine and imprisonment. 21 O.S. 650.5

Other Assault and Battery Charges

Domestic Assault and Battery Charges

Aggravated Assault and Battery upon an EMT or Care Provider 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.