Assault and Battery upon Employee of Office of Juvenile Affairs - 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
Assault and Battery upon Employee of Office of Juvenile Affairs
Every person who, without justifiable or excusable cause, knowingly commits any assault, battery or assault and battery upon the person of an employee of a facility maintained by the Office of Juvenile Affairs, a facility maintained by a private contractor pursuant to a contract with the Office of Juvenile Affairs primarily for delinquent children, a juvenile detention center, or a juvenile bureau, while the employee is in the performance of his duties, shall upon conviction thereof be guilty of a felony.
This section shall not supersede any other act or acts, but shall be cumulative thereto. 21 O.S. 650.8
Assault and Battery upon an Employee of a (Facility for Delinquent Children)/ (Juvenile Detention Center) / (Juvenile Bureau) - Elements
No person may be convicted of assault / battery / (assault and battery) upon an employee of a (facility for delinquent children) / (juvenile detention center )/ (juvenile bureau) 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) upon an employee of a (facility maintained by [the Office of Juvenile Affairs] / [private contractor pursuant to a contract with the Office of Juvenile Affairs primarily for delinquent children]) / (juvenile detention center) / (juvenile bureau);
(3) known by the defendant(s) to be an employee of a (facility maintained by [the Office of Juvenile Affairs] / [private contractor pursuant to a contract with the Office of Juvenile Affairs primarily for delinquent children]) / (juvenile detention center) / (juvenile bureau);
(4) without justifiable or excusable cause;
(5) committed while the employee was in the performance of his/her duties as an employee of a (facility maintained by [the Office of Juvenile Affairs] / [private contractor pursuant to a contract with the Office of Juvenile Affairs primarily for delinquent children]) / (juvenile detention center) / (juvenile bureau);. OUJI-CR 4-18B
Other Assault and Battery Charges
Aggravated Assault and Battery Upon Certain State Agency Employees
Assault and Battery upon Officers of the Court, Witnesses, or Jurors
Assault and Battery Upon Employee of Office of Juvenile Affairs
Aggravated Assault and Battery upon Department of Human Services Employee
Domestic Assault and Battery Charges:
Assault and Battery upon Employee of Office of Juvenile Affairs 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.