On the first day of 2021, a woman already faced charges of assault and battery on an officer.  Police were called to a dispute in an apartment complex where a woman was trying to break into an apartment.  The woman used a pair of scissors to cut and stab the people inside.  When taken into custody, the woman fought back.  Eventually, she bit the toe of one of the responding officers.  Assault and battery on an officer, even if it is ridiculous, is a felony crime.  This article will explain more.

Assault and Battery on an Officer

Assault and Battery on an Officer is under Title 21 §649(B) of the Oklahoma Statutes.

“Every person who….knowingly commits battery or assault and battery upon the person of a police officer, sheriff, deputy sheriff, highway patrolman, corrections [officer], or other state peace officers…while the officer is in the performance of his or her duties….shall be guilty of a felony…”

Understanding Assault and Battery

In order to understand assaulting an officer, you should first understand regular assault and battery.  Assault and Battery are actually two separate crimes.  First, assault puts a person in fear of physical harm.  This can be threatening someone verbally or walking toward them menacingly.  However, there must be no actual physical contact.

If physical contact occurs, then the crime is now a battery crime.  So, anytime you intend to make someone afraid and hit them in the process you are committing battery.  For example, punching, kicking, or hitting someone with an object are all forms of battery.

MORE INFORMATION ON ASSAULT AND BATTERY CRIMES HERE.

Assault and Battery on an Officer – The Penalties

Therefore, committing this crime on an officer who is on-duty means you are liable for charges on A&B of an officer.  Officers may be game wardens, police, medical workers, or more.  This is a felony offense.  As a result, not only will you face having the penalty on your permanent record, but you also face prison time and fines.  This particular offense is subject to a term of 5 years in jail.  Further, you will face fines that can reach up to $500 per count.

Tulsa County Criminal Lawyers Can Help

Our attorneys understand that assault  on an officer is sometimes a gray area.  Are you attacking an officer or are you defending yourself?  Let us fight for you and ensure you get fair treatment in court.  Your first consultation is free. Call us at 918-379-4864. Or click here to ask an on line legal question.