DOMESTIC VIOLENCE CHARGES

Domestic violence

Being charged with Domestic Assault & Battery can carry serious jail or prison time, result in you losing your right to carry a firearm, and you could even lose custody or visitation with your children. Pleading guilty to even a misdemeanor can have serious consequences in the future.

There are always two sides to every story. Who started the fight? I had more injuries; why am I charged with the crime? Was it self-defense? These are just some of the questions that I can help you answer. I will work hard to develop any defenses you have to get your charges reduced or even dismissed.

I will make sure your rights are protected from overzealous prosecutors and law enforcement. Let my experience guide you and inform you of the best way to proceed. I will fight to make sure that you are treated fairly in court and given a chance to tell your side of the story.

With the possibility of prison time and/or losing your rights to your child, you need an experienced lawyer to stand by your side and fight for you.

What is Domestic Violence?

Domestic Assault and Battery is when you strike one of the following people:

  • a current or former spouse;
  • your ex-wife or ex-husband’s new spouse;
  • your wife’s ex-husband or your husband’s ex-wife;
  • your parents or foster parent;
  • your child;
  • anyone related to you by blood or marriage;
  • a person that you are currently dating or a person that you dated in the past;
  • a person that you have a child with;
  • a person who used to live in the same household as you; or
  • a person currently living in the same household as you.

The reason that you strike them is what usually determines whether you are charged with a crime. If you strike someone for no reason or because they just made you mad then you are most likely going to be charged with a crime. If you hit someone because they hit you first then you shouldn’t be charged with a crime because you were acting in self-defense. Learn more about self-defense.

Potential Punishments for Domestic Violence Charges

Domestic Assault and Battery can be filed as a misdemeanor or a felony depending on the circumstances. If you have been convicted of Domestic Assault and Battery in the past then a second conviction can be a felony. Domestic Assault and Battery can also be filed as a felony if it involved a weapon or strangulation or caused great bodily injury or a miscarriage.

A first offense for Domestic Assault and Battery is a misdemeanor in Oklahoma. The punishment for Domestic Assault and Battery is up to 1 year in the county jail and/or a fine up to $5,000.

A second offense for Domestic Assault and Battery can be filed as a felony in Oklahoma. The punishment for Domestic Assault and Battery Second & Subsequent is up to 4 year in prison and/or a fine up to $5,000.

If you are charged with Domestic Assault and Battery in the Presence of a Child your range of punishment can be increased.

Domestic Assault and Battery by Strangulation is a felony in Oklahoma. The punishment for Domestic Assault and Battery by Strangulation is 1 to 3 years in prison and/or a fine up to $3,000.

Domestic Assault and Battery with a Dangerous Weapon is a felony in Oklahoma. The punishment for Domestic Assault and Battery with a Dangerous Weapon is up to 10 years in prison or up to 1 year in the county jail.

Domestic Assault and Battery Against a Pregnant Woman can be a misdemeanor or a felony in Oklahoma. The punishment for Domestic Assault and Battery Against a Pregnant Woman ranges from up to 1 year in the county jail to up to LIFE in prison.

Domestic Assault and Battery Causing Great Bodily Injury is a felony in Oklahoma. The punishment for Domestic Assault and Battery Causing Great Bodily Injury is s up to 10 years in prison or up to 1 year in the county jail. Learn more about what Great Bodily Injury means.

If you have prior felony convictions then your range of punishment can increase significantly from what is listed above. Call today to schedule a free consultation and I can better explain the range of punishment your may be facing and any defenses you may have.

Possible Defenses to Domestic Violence Charges

Anytime there is a fight there is always two sides to the story. Some of the more common defenses to Domestic Assault and Battery include:

  • Self-Defense
  • Defense of your home, vehicle or business – “Stand your Ground”
  • Defense of another
  • Mutual combat

If you have been charged with any type of Domestic Assault and Battery call now to schedule a free consultation. I will work hard to find all or your possible defenses to try and get your charges reduced or even dismissed. If a trial is your best option I will passionately argue your case to the jury. If pleading guilty is your best option I will negotiate the best plea deal with the prosecutor.