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State of Oklahoma v. Jonathan Erwin
Date: 04-28-2025
Case Number: CF-2024-XXXX
Judge: Michelle Keely
Court: District Court, Pawnee County, Oklahoma
Plaintiff's Attorney: Pawnee County, Oklahoma District Attorney Office
Defendant's Attorney: Steve Cale - 918-277-4800
Description:
Pawnee, Oklahoma criminal defense lawyer Steve Cale represented the Defendant charged with assault and battery on a police officer in violation of 21 O.S. 649.
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In Oklahoma, assaulting or battering a police officer while they are on duty is a serious offense, potentially punishable by a felony or misdemeanor. Assaulting a police officer is a misdemeanor, while assault and battery can be charged as a felony.
Here's a more detailed breakdown:
1. Elements of the Crime:
Assault, Battery, or Assault and Battery:
The act must involve an assault (without physical contact), a battery (physical contact), or both.
Police Officer:
The victim must be a police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or other state peace officer.
Officer on Duty:
The officer must be performing their official duties at the time of the assault or battery.
Without Justifiable or Excusable Cause:
The assault or battery must not be justified or excusable under the law.
2. Penalties:
Misdemeanor (Assault): Up to six months in jail, a fine of up to $500, or both.
Felony (Assault and Battery): Up to five years in prison or up to one year in jail, plus a fine of up to $500.
Aggravated Assault and Battery: If the assault and battery results in great bodily injury (serious or life-threatening injury, disfigurement, etc.), it can be charged as an aggravated felony, potentially carrying a sentence of life in prison or a minimum of five years for maiming, according to www.edgecriminaldefense.com.
3. Important Considerations:
"In the Performance of Their Duties":
This phrase is key. The assault or battery must be related to the officer's official duties, even if the officer is off-duty, according to The Urbanic Law Firm.
"Knowing" the Officer:
The state must prove that the defendant knew or should have known that the victim was a police officer, according to Oklahoma Court of Criminal Appeals.
MoreLaw was created to help people find experienced lawyers to represent them in the more than 3,144 counties across the United States. Click the link above to see a list of lawyers ready and willing to represent you if you have a legal problem and need help. Call: 918-582-6422 for help.
In Oklahoma, assaulting or battering a police officer while they are on duty is a serious offense, potentially punishable by a felony or misdemeanor. Assaulting a police officer is a misdemeanor, while assault and battery can be charged as a felony.
Here's a more detailed breakdown:
1. Elements of the Crime:
Assault, Battery, or Assault and Battery:
The act must involve an assault (without physical contact), a battery (physical contact), or both.
Police Officer:
The victim must be a police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or other state peace officer.
Officer on Duty:
The officer must be performing their official duties at the time of the assault or battery.
Without Justifiable or Excusable Cause:
The assault or battery must not be justified or excusable under the law.
2. Penalties:
Misdemeanor (Assault): Up to six months in jail, a fine of up to $500, or both.
Felony (Assault and Battery): Up to five years in prison or up to one year in jail, plus a fine of up to $500.
Aggravated Assault and Battery: If the assault and battery results in great bodily injury (serious or life-threatening injury, disfigurement, etc.), it can be charged as an aggravated felony, potentially carrying a sentence of life in prison or a minimum of five years for maiming, according to www.edgecriminaldefense.com.
3. Important Considerations:
"In the Performance of Their Duties":
This phrase is key. The assault or battery must be related to the officer's official duties, even if the officer is off-duty, according to The Urbanic Law Firm.
"Knowing" the Officer:
The state must prove that the defendant knew or should have known that the victim was a police officer, according to Oklahoma Court of Criminal Appeals.
Outcome:
Guilty and sentenced to 2 years in prison.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of Oklahoma v. Jonathan Erwin?
The outcome was: Guilty and sentenced to 2 years in prison.
Which court heard State of Oklahoma v. Jonathan Erwin?
This case was heard in District Court, Pawnee County, Oklahoma, OK. The presiding judge was Michelle Keely.
Who were the attorneys in State of Oklahoma v. Jonathan Erwin?
Plaintiff's attorney: Pawnee County, Oklahoma District Attorney Office. Defendant's attorney: Steve Cale - 918-277-4800.
When was State of Oklahoma v. Jonathan Erwin decided?
This case was decided on April 28, 2025.