Unlawful Treatment of a Service Dog - 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
Unlawful Treatment of a Service Dog
No person shall willfully harm, including torture, torment, beat, mutilate, injure, disable, or otherwise mistreat or kill a service animal that is used for the benefit of any handicapped person in the state. 21 O.S. 649.3(A)
Punishment for Unlawful Treatment of a Service Dog
Any person convicted of violating any of the provisions of this section shall be guilty of a misdemeanor, punishable by the imposition of a minimum fine of One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a maximum of one (1) year, or by both such fine and imprisonment. 21 O.S. 649.3(C)
Any person who knowingly and willfully and without lawful cause or justification violates the provisions of this section, during the commission of a misdemeanor or felony, shall be guilty of a felony, punishable by the imposition of a maximum fine of One Thousand Dollars ($1,000.00), or by imprisonment in the Department of Corrections for a maximum of two (2) years, or by both such fine and imprisonment. 21 O.S 649.3(D)
Other Assault and Battery Charges
Unlawful Treatment of a Service Dog
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:
Unlawful Treatment of a Service Dog 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.