How Is A Domestic Violence Charge Defined In Oklahoma?
Domestic violence starts out as an assault and battery and then it’s designated as domestic violence charge based on the relationship the parties have together. A lot of times, people think that domestic violence is something that only occurs between husband and wife or boyfriend or girlfriend but actually Oklahoma law defines it between those typical ways, husband/wife, boyfriend/girlfriend, it can also be between family members. It can also in some circumstances be charged if you get to an assault and a battery situation with the roommate. It’s not always just the way that people think that it is. What changes the charge is totally the relationship. If that relationship is there, then a prosecutor can decide to charge it as assault and battery domestic violence.
How Do The Penalties For Domestic Violence Differ From Those For Assault?
So it ups the game insofar as it carries a longer range of punishment. On just a typical assault and battery, you are looking at 90 days in county jail. When you get charged first time with assault and battery domestic violence, it carries up to a year in county jail. Also that type of charge, even again if you resolve it through a plea that ends with probation or just a fine or probation that doesn’t result in a conviction, if you were to pick up another assault and battery domestic violence, it would enhance that to a felony charge.
Does Someone Have To Be Physically Injured For Domestic Violence Charges To Be Made?
No. So it’s just like an assault and battery where there doesn’t have to be a physical injury, it’s just again an unwanted touching.
Additional Information On Penalties For Domestic Violence In Oklahoma
Probably what’s important to note is I mean already the enhancement for the misdemeanor; some things can automatically bump you up to a felony. So if the domestic violence and assault and battery involves strangulation that automatically is charged as a felony. If it’s done in the presence of a minor, if it’s your first time, it is still considered a misdemeanor but it raises the range of punishment from 0 up to 6 months, so 6 months up to a year in county jail. If it involves great bodily injury, if it involves the dangerous weapon or a deadly weapon, then all of those can be automatically charged as felonies and carry significantly more time in prison.
Do You Recommend Pretrial Counseling Or Treatment To Your Clients?
For domestic violence cases, if people start out by getting counseling or getting any sort of treatment, that’s going to make the negotiation process easier because when they can bring something to the prosecutors saying “Look, I am doing this and this and this”, then that’s going to make it easier for the prosecutor to give a plea deal or to negotiate a resolution to the case that’s going to be better for the person charged. So it gives them skin in the game in negotiating, not just going to the table and just asking for something better just because, so it gives them a reason to ask for some sort of better deal.
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