Assault and Battery upon Officers of the Court, Witnesses, or Jurors - 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 Officers of the Court, Witnesses, or Jurors - Penalties
Every person who commits any assault upon any officer of a state district or appellate court, or the Workers' Compensation Court, including but not limited to judges, bailiffs, court reporters, court clerks or deputy court clerks, or upon any witnesses or juror, because of said person's service in such capacity or within six (6) months of said person's service in such capacity, shall be guilty of a misdemeanor punishable by imprisonment in the county jail for a maximum of one (1) year, by a maximum fine of One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.
Every person who commits any battery or assault and battery upon any officer of a state district or appellate court, or the Workers' Compensation Court, including but not limited to judges, bailiffs, court reporters, court clerks or deputy court clerks, or upon any witnesses or juror, because of said person's service in such capacity or within six (6) months of said person's service in such capacity, shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a maximum of five (5) years, by a maximum fine of Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine. 21 O.S. 650.6
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 Officers of the Court, Witnesses, or Jurors 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.