Oklahoma City Domestic Violence Lawyer
Domestic Violence Charges
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. Many times, people believe domestic violence is something which only occurs between husband and wife or boyfriend or girlfriend, but Oklahoma law defines it between those typical ways, husband/wife, boyfriend/girlfriend, it can also be between family members. In some circumstances, a criminal charge can be levied 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?
Domestic violence differs from assault in that it carries a longer range of punishment. On a typical assault and battery, you are looking at 90 days in county jail. When you get charged for the first time with assault and battery domestic violence, it carries up to a year in county jail. This charge, even if resolved through a plea which ends with probation, a fine, or probation which 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. This is similar to an assault and battery where there doesn’t have to be a physical injury, simply unwanted touching.
Additional Information On Penalties For Domestic Violence In Oklahoma
An enhancement for a misdemeanor domestic violence charge means other issues can automatically bump you up to a felony. If the domestic violence and assault and battery involves strangulation, the charge is enhanced to a felony. If it’s done in the presence of a minor, if it’s your first time, is still considered a misdemeanor, though raises the range of punishment from 0 up to 6 months in jail. If it involves great bodily injury, if it involves a 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?
Yes, we recommend counseling and/or treatment for clients. For domestic violence cases, if individuals begin counseling or any sort of treatment, that’s going to make the negotiation process easier. Your lawyer will be in a better position to be able to argue a plea deal or to negotiate a resolution to the case.
Oklahoma Domestic Violence FAQs
What Exactly Is Domestic Assault And Battery In Oklahoma?
Domestic abuse in Oklahoma is defined by Oklahoma Statutes Title 22 §22-60.1. The basic explanation is that it is the act of physical or the threat of imminent physical harm which is committed by an adult, emancipated minor, or minor child thirteen (13) years of age or older against another adult, emancipated minor or minor child who are family or household members or who are or were in a dating relationship.
It’s important to note that one can be charged with domestic abuse not just for actual physical violence, but just for the threat of violence. Even unwanted touching can qualify as far as the law is concerned.
How Do Penalties From Assault And Battery Charges Differ?
If you are convicted of a regular charge of assault and battery, you can be fined and face up to 90 days in county jail. For just a first-time charge of domestic violence, a conviction could lead to up to one year in jail, among other penalties. It is obviously considered to be a more serious crime.
Is Domestic Violence A Felony In Oklahoma?
A first offense charge for domestic violence in Oklahoma is generally a misdemeanor crime. However, if you are charged a second time, the second charge will become a felony charge with more serious consequences. A conviction here could mean up to 10 years in jail.
This will happen even if you manage to avoid a conviction on first-time charges. Certain circumstances around the charges can also move even a first-time charge up to a felony charge.
Can Counseling Make A Difference?
Yes. If counseling sessions are voluntarily started as soon as possible, it will give your lawyer a bit more to bargain with when it comes time to argue about punishment with a prosecutor or judge. Attending counseling sessions shows goodwill and an intention to voluntarily correct the situation and prevent it from happening again.
For more information on Domestic Violence Charges In Oklahoma, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 510-0345 today.