Domestic violence tears families apart. It causes ripples through generations, leaving its mark on all involved. And often, it is the children of domestic violence who suffer the most.
Hence, domestic assault in the presence of a minor in Okmulgee, Oklahoma is a serious crime. It is usually charged as domestic assault and battery in the presence of a minor.
Defining Assault and Battery
Assault and battery in Oklahoma are really two different crimes, but often, they occur together and are charged together. An assault is the threat of or attempt of force or violence upon another. Okla. Stat. tit. 21 § 641
Battery is the intentional use of unlawful force upon another person. Okla. Stat. tit. 21 § 642
Simply put, assault is the cocking back of a fist to punch someone, and battery is the punch itself.
Domestic Assault in the Presence of a Minor
Domestic assault and battery in the presence of a child is a more serious crime than assault and battery alone. A common assault and battery in Oklahoma will usually garner a perpetrator 60 to 90 days in jail. Okla. Stat. tit. 21 § 644
But if you are convicted of domestic assault in the presence of a minor in Okmulgee, your fine could be up to $5,000 and you could be in jail for up to one year. And that is for the first offense.
A subsequent conviction will land you in jail for up to five years along with a fine of up to $7,000. Okla. Stat. tit. 21 § 644
Getting Help
In domestic violence situations, it is not uncommon for there to be more than one incident of reported abuse before the family gets the help they need. Therefore, although the initial conviction may be charged as a misdemeanor, if it is repeated — and domestic violence often is — it can be charged as a felony. Once you are convicted of a felony, it can have repercussions for the rest of your life.
Domestic squabbles can escalate quickly, especially when alcohol or drugs are also involved. They do not always end up in violence, but sometimes, even the threat of violence, if committed in front of a child, may be sufficient to be charged with assault. In the heat of the moment, it is often difficult to sort out who said or did what. A qualified Okmulgee criminal defense attorney can help you sort things out.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or someone you know is accused of domestic assault in the presence of a minor in Oklahoma, call 918-756-9600 right away for a initial strategy session with an Okmulgee criminal defense attorney.
You may also send a message to the Wirth Law Office – Okmulgee through this website. All inquiries are confidential.
