Assault on Law Enforcement: Oklahoma City, OK: Martino Law FirmMany times, an encounter with the police can become physical. Often, physical contact is initiated by the police who later twist the facts to allege that the arrested was the aggressor who commited an Assault &/or Battery on law enforcement. Police do not take kindly to any type of resistance to thier show of authority, but unless they have a legal reason to arrest you, you are permitted to resist an unlawful arrest in theory. Unfortunately, the reality is that the police will often misconstrue the facts to make it seem as though you acted as the agressor towards them.
The crime of Assault & Battery Upon a Police Officer is codified under Title 21 O.S. 649 and provides for punishment as a Misdemeanor if there is an Assault and a Felony if there is a Battery. The Misdemeanor carries up to 6 months in jail and/or a $5000 fine and the Felony carries up to 5 years in prison and/or a $500 fine.
This crime is regularly charged in addition to the crime charged that forms the basis for the arrest. Police don't like to listen to any excuses or reasons from potential arrestees, so when you begin to explain yourself, the situation often becomes a physical confrontation. Even if you do not cause injury to the police, you can be charged with Assault & Battery.
I can help explain your side of the story to the DA and the Judge. I can assist you in finding and interviewing witnesses who may be able to support your account of the events so that you don't end up with a serious conviction or possible jail time. I regularly challenge the police officers' version of events and can help to obtain any video footage, pictures or medical records that pertain to the encounter.
Call me today for your free consultation to review the facts of your case.