Oklahoma's assault and battery statutes include 16 separate laws dealing with assault of specified parties. Committing assault or assault and battery against one or more of these individuals leads to enhanced penalties over committing the offense against anyone else. These specific individuals are designated in 21 O.S. § 649 - 650.11.
§ 649. Assault and Battery Upon Police Officer, Sheriff, etc. –
Assault of a of a police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or state peace officer engaged in his or her duties is punishable by 6 months in jail; battery or assault and battery of a member of law enforcement is a felony punishable by a maximum of 5 years in prison
§ 649.1. Mistreating or Interfering with Police Dog or Horse –
Abusing, tormenting, or mistreating a law enforcement animal or interfering with its performance is a misdemeanor that carries up to a year in jail and a fine of up to $500; however, if this mistreatment occurs in the commission of a felony, the act is a felony punishable by a maximum of 2 years in prison and a fine of up to $1,000.
§ 649.2. Killing Police Dog or Horse –
Killing a law enforcement animal is punishable by the same penalties ascribed to mistreatment of a police dog or horse
§ 649.3. Unlawful Treatment of Service Dog -
Mistreating a service animal used to assist a handicapped person carries the same penalties of mistreating a police dog or horse; if the owner of an animal allows his or her pet to kill a service dog, he must pay restitution to the owner of the service dog in addition to criminal penalties
§ 650. Aggravated Assault and Battery upon Law Officers –
Aggravated assault of a police officer or other law enforcement agent is a felony punishable by life in prison. If the assault results in maiming, the offense carries a minimum of 5 years in prison.
§ 650.1. Assault and Battery upon Referee, Umpire, Etc. –
No matter how bad the call, assault of a referee or umpire during an amateur or professional sporting event is a misdemeanor punishable by a maximum of one year in county jail and a fine of up to $500.
§ 650.2. Aggravated Assault and Battery Upon Certain State Agency Employees –
Any person in the custody of the Department of Corrections, a private penal institution, the Department of Human Services (DHS), or the Office of Juvenile Affairs who commits assault against an employee of the custodial agency is guilty of a felony.
§ 650.3. Interference with Emergency Medical Technicians or Care Providers –
Delaying, obstructing, or interfering with a paramedic or EMT attempting to provide medical care is a misdemeanor punishable by a maximum of 6 months in jail and a fine of up to $500
§ 650.4. Assault and Battery upon Emergency Medical Care Provider –
Assaulting an EMT or paramedic performing his or her duties is a felony punishable by a maximum of 2 years in prison and a fine of up to $1,000.
§ 650.5. Aggravated Assault and Battery or Assault with Firearm upon Emergency Medical Technician or Care Provider –
Aggravated assault or assault with a gun against a paramedic or EMT is a felony punishable by a year in prison and a fine of up to $1,000.
§ 650.6. Assault and Battery upon Officers of Court, Witnesses or Jurors -
Assault and battery upon any officer of a state district, appellate, or 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 or within 6 months of that person's service, is a felony that carries a maximum penalty of five years in prison and a fine of up to $5,000.
§ 650.7. Assault on Employee by Parent or Student –
If a parent or student assaults a teacher, administrator, school board member, or employee of the school district, he or she is guilty of a misdemeanor punishable by a year in jail. If, however, the offense is aggravated assault and battery, it is a felony punishable by 2 years in prison.
§ 650.8. Assault and Battery upon Employee of Office of Juvenile Affairs –
It is a felony to assault an officer, employee, or contractor of the Office of Juvenile Affairs
§ 650.9. Unlawful for Person in Custody to Transfer Bodily Fluids upon State Employee –
Anyone in state, county, or municipal custody who spits, throws, or otherwise places feces, urine, semen, saliva, or blood on an employee of the state, county, or city is guilty of a felony.
§ 650.10. Unlawful to Touch Assistive Device of Another –
It is illegal to touch an assistive device or any instrument that helps a disabled person to communicate, hear, see, or maneuver if one's intent is to harass the user of that device. To do so is a misdemeanor that carries the possibility of one year in jail and a fine of up to $1,000.
§ 650.11. Medical Battery –
Medical battery includes practicing without a license or providing treatment in violation of governing acts when such unlawful treatment results in permanent physical disability or disfigurement, when the victim consented to treatment under the belief that the perpetrator was a properly licensed medical professional authorized to perform such treatment, and the perpetrator knew he or she was acting illegally outside of the scope of his or her authorized duties. It is a felony punishable by a maximum of 4 years in prison and a fine of up to $1,000.
Oklahoma Assault Defense Lawyer
If you are charged with these or any other assault crime, get legal representation at once. Call Phillips & Associates at (405) 418-8888 to speak with an attorney about your case.