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.
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.