Assault & Battery on a Police Officer in Oklahoma – Law & Punishment

Assault on a Law Enforcement Officer

It’s illegal to knowingly assault a police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or state peace officer while the officer is in the performance of his or her duties.

This crime is a misdemeanor. The maximum punishment in the county jail is six months. The maximum fine is $500.

Assault and Battery on a Law Enforcement Officer

assault battery police officer oklahoma

It’s illegal to knowingly commit a battery or assault and battery upon a police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or other state peace officer while the officer is in the performance of his or her duties. An attack on an officer is wrong unless it occurs during the course of reasonable resistance by the defendant to an unlawful arrest.

“Corrections personnel” means any person, employed or duly appointed by the state or by a political subdivision, who has direct contact with inmates of a jail or state correctional facility. This includes but is not limited to, Department of Corrections personnel in job classifications requiring direct contact with inmates, people providing vocational-technical training to inmates, education personnel who have direct contact with inmates because of education programs for inmates, and people employed or duly appointed by county or municipal jails to supervise inmates or to provide medical treatment or meals to inmates of jails.

Assault and battery upon law officers includes any attempt to reach for or gain control of the firearm of any police officer, sheriff, deputy sheriff, highway patrol, corrections personnel, or any peace officer employed by any state or federal governmental agency to enforce state laws. If an officer is off duty and the nature of the assault or assault and battery relates back to, or in any manner or circumstances has to do with, his or her official position as a law enforcement officer then it falls within the meaning of “in the performance of his or her duties” as an officer.  

If an off-duty police officer accepts private employment and is receiving compensation from the private employer, the officer is a private citizen when engaged in this employment and is therefore representing his private employer’s interest and not the public’s interest. This means the officer becomes a private citizen. Therefore, to make a valid arrest the officer must comply with the law applicable to a citizen’s arrest. The situation is different when the officer is simply off duty and not working for a private employer. Any time a police officer, whether in uniform or not, takes it upon him or herself to enforce the law in order to maintain peace and order for the general benefit of the public, the officer is acting in the performance of his or her duties as a police officer. An off-duty officer not acting under the employment of a private enterprise but would be considered to be acting for the benefit of the public in general with the aim of maintaining peace and order.

Punishment

This crime is a felony. The maximum punishment in the Department of Corrections is five years, and the maximum punishment in the county jail is one year. The maximum fine is $500.

Aggravated Assault and Battery on a Police Officer

It’s illegal to knowingly commits any aggravated assault and battery upon the person of a police officer, sheriff, deputy sheriff or highway patrolman, corrections personnel, or any state peace officer employed by any state or federal governmental agency to enforce state laws, while the officer is in the performance of his or her duties. Aggravated assault and battery upon law officers includes the physical contact with and in attempt to gain control of the firearm of any police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or any peace officer employed by any state or federal governmental agency to enforce state laws.

An assault and battery becomes aggravated when committed under any of the following circumstances:

  1. When great bodily injury is inflicted upon the person assaulted; or
  2. When committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated.

“Great bodily injury” means bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or substantial risk of death.

Punishment

This crime is a felony. The maximum punishment in the Department of Corrections is life. The maximum fine is $1,000. This is considered a violent crime in Oklahoma.

Aggravated Assault & Battery on a Police Officer That Results in Maiming

The punishment increases for anyone who, without justifiable or excusable cause, commits any aggravated assault and battery upon a person that the violator knows or should reasonably know is a police officer, sheriff, deputy sheriff or highway patrolman, corrections personnel, or any state peace officer employed by any state or federal governmental agency to enforce state laws, that results in maiming, while the officer is in the performance of his or her duties. Maiming is defined as any injury that disfigures someone’s personal appearance or disables any member or organ of the body or seriously diminishes the victim’s physical vigor.

Punishment

The range of punishment in the Department of Corrections is five years-life. The maximum fine is $5,000. This is considered a violent crime in Oklahoma.

Sources: 21 O.S. §§ 646, 751, 649, & 650

Mistreating or Interfering with Police Dog or Horse

It’s illegal to willfully strike, torment, administer a nonpoisonous desensitizing substance to, or otherwise mistreat a police dog or police horse owned, or the service of which is employed, by a law enforcement agency. It’s also illegal to interfere with the lawful performance of any police dog or police horse.

This crime is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $500.

Mistreating or Interfering with Police Dog or Horse During the Commission of a Crime

It’s illegal to willfully and without lawful cause or justification strike, torment, administer a nonpoisonous desensitizing substance to, or otherwise mistreat a police dog or police horse owned, or the service of which is employed, by a law enforcement agency, during the commission of a misdemeanor or felony.

This crime is a felony. The maximum punishment in the Department of Corrections is two years. The maximum fine is $1,000.

Source: 21 O.S. §649.1

Killing Police Dog or Horse

It’s illegal to willfully

  • kill;
  • beat;
  • torture;
  • injure so as to disfigure or disable;
  • administer poison to;
  • set a booby trap device for the purpose of injury so as to disfigure,
  • disable or kill; or
  • pay or agree to pay bounty for purposes of injury

so as to disfigure, disable, or kill any police dog or police horse owned, or the service of which is employed, by a law enforcement agency.

This crime is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $1,000.

Killing Police Dog or Horse During the Commission of a Crime

It’s illegal to knowingly and willfully and without lawful cause or justification

  • kill;
  • beat;
  • torture;
  • injure so as to disfigure or disable;
  • administer poison to;
  • set a booby trap device for the purpose of injury so as to disfigure,
  • disable or kill; or
  • pay or agree to pay bounty for purposes of injury

so as to disfigure, disable, or kill any police dog or police horse owned, or the service of which is employed, by a law enforcement agency during the commission of a misdemeanor or felony.

This crime is a felony. The maximum punishment in the Department of Corrections is five years. The maximum fine is $1,000.

Exceptions

The provisions of this law doesn’t apply:

  1. To a peace officer or veterinarian who terminates the life of a police dog or a police horse for the purpose of relieving the dog or horse of undue pain or suffering; or
  2. If a police dog is off duty and is running loose without supervision of a police officer and gets run over by a motor vehicle or is perceived to be a threat to the public.

Source: 21 O.S. § 649.2

Unlawful Treatment of Service Dog

It’s illegal to willfully harm, including

  • torture,
  • torment,
  • beat,
  • mutilate,
  • injure,
  • disable, or
  • otherwise mistreat or kill

a service animal that’s used for the benefit of a handicapped person.

Nobody including, but not limited to, any municipality or political subdivision of the state, may willfully interfere with the lawful performance of any service animal used for the benefit of any handicapped person.

“Service animal” means an animal that is trained for the purpose of guiding or assisting a disabled person who has a sensory, mental, or physical impairment.

This crime is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $1,000.

Unlawful Treatment of Service Dog During Commission of a Crime

It’s illegal to willfully harm, including

  • torture,
  • torment,
  • beat,
  • mutilate,
  • injure,
  • disable, or
  • otherwise mistreat or kill

a service animal that’s used for the benefit of a handicapped person during the commission of a misdemeanor or felony.

This crime is a felony. The maximum fine is $1,000. The maximum punishment in the Department of Corrections is two years.

Permitting an Animal to Harm a Service Animal

It’s illegal to encourage, permit, or allow an animal owned or kept by someone to fight, injure, disable, or kill a service animal used for the benefit of any handicapped person, or to interfere with a service animal in any place where the service animal resides or is performing

This crime is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $1,000.

In addition to the penalty imposed, the court will order the violator to make restitution to the owner of the service animal for actual costs and expenses incurred as a direct result of any injury, disability, or death caused to the service animal. This includes but is not limited to costs of replacing and training any new service animal when a service animal is killed, disabled, or unable to perform due to injury. For purpose of this law, when a person informs the owner of an animal that the animal is a threat and requests the owner to control or contain the animal and the owner disregards the request, the owner will be deemed to have encouraged, permitted, or allowed any resulting injury to or interference with a service animal.

Source: 21 O.S. § 649.3

Current as of April 9, 2020. Laws are subject to change at any time. See the linked statutes above for the most current law.

Charged with assault on a law enforcement officer in Oklahoma? Call Oklahoma criminal defense lawyer Frank Urbanic in OKC for a free case consultation.

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