1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant, by means of any deadly weapon that is likely to produce death shall, upon conviction, be guilty of domestic assault and battery with a deadly weapon which shall be a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life. You are not the cause of someone else's violent behavior. You are the victim of crime and should be treated accordingly. In Oklahoma, assault and battery against a person with whom you have or had a relationship may be considered domestic abuse. In domestic assault and battery cases, it is not uncommon for a defendant to also suffer injuries. A domestic abuse charge, by itself, does not carry any requirement that the accused not contact the complaining witness (aka the "victim"). And it's very likely that you could risk being fired from your job based upon a plea or conviction for domestic violence. In order to be convicted of this crime; the government must prove: 1) willfully; 2) unlawful; 3) attempting or offering to use force or violence; and. They understand that in many of the same type cases spouses are not inclined to testify. Rather than living on hope, it is best that you do all things motioned above and prepare yourself for court. "I had a great experience with John. Legal remedies are available to protect and assist you. The state's domestic violence laws are found in the same statute as Oklahoma assault laws (21 O. S. § 644).
Cannon to anyone who needs a vigilant and committed attorney, especially one that stands by your side until your issue is resolved. The allegations of domestic violence are serious and can result in the loss of freedom and substantial rights, including possession of a firearm. See 18 USC Section 922 (g) (9)). Please contact us online or call 918. Most people do not know that Oklahoma's domestic abuse laws are very broad and cover much more than a spousal battery. If you don't want to give up your firearms for good, then it's crucial that you don't get an actual conviction on your record. And that's important to remember. These charges will NOT "go away. " Another element that enhances sentencing for domestic abuse is domestic assault and battery by strangulation or attempted strangulation. The federal government considers any guilty plea—even to a deferred sentence—a conviction for purposes of the Lautenberg Amendment. It is also inflicting serious bodily injury, unconsciousness, disfigurement, loss or impairment of the function of a bodily member, organ or mental faculty, or the substantial risk of death. Domestic Abuse Committed Against A Pregnant Woman. In doing so, if you were to be convicted, the absolute max that you can get on a simple assault and battery is 90 days in the county jail. That's the first time that they're going to call your accuser in and get their story on the record.
Though a first offense of domestic violence is a misdemeanor, subsequent offenses and other factors can elevate the charge to a felony. If the charge is your first offense and there were no aggravating factors, this will generally be charged as a misdemeanor. Oklahoma defines assault and battery in domestic situations as a different crime than simple assault and battery. I definitely recommend John. Is it considered a violent offense? A former spouse, or, - someone you have had a dating relationship with, or. There are a number of legal steps you can take to protect yourself from further abuse, to bring your abuser to justice, or to obtain support for yourself and your children. Even a misdemeanor domestic assault and battery charge is a serious offense that should be handled by a qualified criminal defense attorney. You may need to testify in the trial. The statistics regarding domestic violence in Oklahoma are staggering. I can not thank him enough on a job well done. Oklahoma criminal law classifies several types of domestic abuse as felonies.
From our team of Oklahoma defense attorneys at Jacqui Ford Law, here's what you need to know if you or a loved one is charged with domestic violence, and the different reasons it might be filed in different ways. Use drugs or alcohol as an excuse for saying hurtful things or abusing you? As a general rule, the first-time offense of domestic violence in Oklahoma will most likely be treated as a misdemeanor if there's no great bodily injury, no strangulation, and no aggravating factors. Domestic abuse requires some sort of pre-existing relationship before the crime occurs – which makes it different from a simple assault and battery (which could be a bar fight, for example).
For this reason, we recommend you use this website to learn about your rights and define your own options. In most situations, police responding to a domestic complaint are not walking in to find lethal violence. Repeated domestic assault convictions can also lead to more serious penalties. He helped a friend's son who was headed down the wrong path, but through John's legal defense the young man is now a successful business owner. If you have witnesses to your injuries get their names and addresses and make sure that if needed we can get their testimony at court. It does not matter whether it is a different "victim" or how slight the alleged "injury" may be. For instance, the least likely situation in which a prosecutor would dismiss a case based only upon the victim's request is where a male defendant and a female victim are in a relationship. Although I certainly hope to not need his services again in the capacity I hired him for I would not hesitate to call if I do. Battery is the intentional use of force or physical violence upon another person. TYPES OF DOMESTIC ASSAULT AND BATTERY.
A conviction for even a misdemeanor domestic violence charge can costs a defendant more than a DUI. If you ever plea to one of these misdemeanors, you will be informed that another occurrence or charge of the same or similar offense will result in the second or subsequent charge being filed as a felony; this is regardless of the severity of the allegation/injury. If you want to improve the outcome in your case, then you should start the recommended classes and/or counseling as soon as possible. Our team of criminal defense attorneys have the experience needed in Oklahoma law to secure the outcome you deserve. A VPO is a quasi-civil-criminal action that has the full force of a civil order from a judge but does not carry any potential jail time or punishment commonly associated with a crime. Domestic violence in the presence of a child is punishable by a minimum of six months in jail on the first offense and by a minimum of one year in jail on the second offense. A civil court handles non-criminal matters such as divorce and child custody. The reason the Lautenberg Amendment only applies to misdemeanors is because it's a crime to possess a firearm after any felony conviction. Why it is important to fight Domestic Assault and Battery Cases, if possible.
I get my clients who are charged with domestic abuse into BIP as soon as possible. NOTE: Laws 1997, c. 133, § 217 repealed by Laws 1999, 1st, c. 5, § 452, eff. You need experienced defense representation to help put this incident behind you and to move forward with restoring your family. In others, a defendant may be facing inflated charges for what should be a simple misdemeanor assault. However, it's not violent for the purposes of whether you're considered a violent offender in the state of Oklahoma. The Legal System can help you against domestic abuse because: Ø You can seek to prosecute the abuse as a crime.
Once physical violence begins in a relationship, the violence almost always continues and it tends to get more severe and more frequent as time goes on. There are a lot of negative collateral consequences associated with entering a plea or being convicted of domestic abuse charges. This can be difficult if you're married to the other party.