Friday, February 08, 2019

OK Assault and Battery on a Law Enforcement Officer is not a violent felony

United States v. Johnson, 911 F.3d 1062 (10th Cir. 2018) (OK): Using the categorical approach, the court finds Oklahoma assault and battery on a police officer is not a violent felony as defined by the force clause. The state statute can be violated through either a battery on a law enforcement officer or an assault and battery on the officer. The panel said because battery in Oklahoma can be committed with only the slightest touch it does not require violent force capable of causing physical pain or injury. Following its earlier decision, United States v. Degeare, 884 F. 3d 1241, 1248 (10th Cir. 2018), it also decides that after reviewing state court opinions, the text of the statute and the record of conviction, it cannot determine for certain whether the statutory alternatives are means or elements and so it must treat the statute as indivisible.