It is an unfortunate reality that Oklahoma ranks among the leading states in the nation for domestic violence cases. Each year, tens of thousands of cases of domestic violence are reported. Read further to find out how domestic violence is dealt with in Okmulgee, Oklahoma and why domestic violence charges can be difficult to both prosecute and defend.
How Domestic Violence is Defined in Okmulgee, Oklahoma
Fundamentally, domestic violence can be defined as assault and battery against a spouse, girlfriend, boyfriend, date, family member, or member of the same household committed by someone over the age of 13.
Domestic violence can be physical or emotional. It pertains to many types of abusive behavior, including that which is exhibited by a spouse upon another, a relative upon another, and that which occurs in the course of a dating relationship. This generally includes all cases of spousal abuse, child abuse, elder abuse, violence against a dating partner, sexual assault, and harassment.
What Makes Domestic Violence Cases So Complicated?
What makes domestic violence cases equally complicated to prosecute and defend is the fact that accusations of domestic violence are normally obfuscated by extreme emotions and it is not uncommon for the alleged victim, perpetrator, and witnesses to all have conflicting accounts of how the alleged abuse took place.
This leaves the police in the difficult position of having to use their own judgment in determining who should be arrested and charged with domestic abuse. Their decision often based on who tells the most convincing story, whose injuries are worse, or both.
How Domestic Violence is Addressed in Okmulgee, Oklahoma
Domestic violence is a big problem in the state of Oklahoma. Therefore, domestic violence charges are prosecuted aggressively.
Domestic abuse is classified as an assault crime in Oklahoma. However, the penalties for domestic abuse far exceed those for simple assault.
Typically, simple assault carries a maximum of just 30 days in jail and a fine of up to $500. Oklahoma provides much stiffer penalties for domestic assaults and also goes a step further by requiring mandatory counseling for anyone convicted of domestic violence.
Generally, a first arrest for domestic abuse will be charged as a misdemeanor and punishable by a year in jail and fine of up to $5,000.
A second or subsequent arrest for domestic abuse will be charged as a felony. A person convicted of this crime could spend up to four years in prison, pay a fine of up to $5,000, or both.
In addition, aggravating factors can easily increase the severity of the penalties that one receives if convicted of domestic abuse:
A Pattern of Abusive Behavior
If the prosecution can prove that a defendant has exhibited physically abusive behavior on at least three separate occasions within six months prior to the current offense, the current crime will be charged as a felony. A conviction could lead to up to 10 years in prison, a fine of up to $5,000, or both. This is whether or not he or she was arrested or convicted in any of the previous instances.
Domestic Violence in the Presence of a Child
Domestic abuse committed in the presence of a child is considered more egregious in Oklahoma. Therefore, a conviction could lead to 6 to 12 months in jail, a fine of up to $5,000, or both.
Second or subsequent offenses in the presence of a child will be subject to 1 to 10 years in prison, a fine of up to $7,000, or both.
Domestic Violence Against a Pregnant Woman
Domestic abuse against a woman whom the defendant knew to be pregnant will be tried as a misdemeanor and subject to as much as a year in jail, for a first offense.
A second offense will be tried as a felony and can carry as much as 10 years in prison.
Furthermore, if the abuse results in the mother having a miscarriage or injury to her unborn child, the offense can carry as much as 20 years in prison.
Domestic Abuse That Results in Great Bodily Harm
Domestic abuse that results in great bodily harm to the victim, as exhibited by significant injuries such as the loss of a limb, damage to organs, facial scarring, etc. is punishable by 1 to 10 years in prison.
Strangulation
If the domestic abuse took the form of strangulation or an attempt at strangulation, a first conviction could lead to one to three years in prison, a fine of $3,000, or both.
A second or subsequent conviction could lead to 3 to 10 years in prison, a fine of up to $20,000, or both.
Use of a Deadly Weapon
If the abuse is committed with a deadly weapon such as a knife, a gun, or anything that can become deadly if used in such a manner, the offense will be tried as a felony. A conviction could carry a sentence of 1 to 10 years in prison. If a firearm is used and the victim is actually shot, the punishment can be up to life in prison.
Deferred and Suspended Sentences
For those convicted of domestic abuse with no prior criminal record or where extenuating circumstances were present, the court may defer judgment for up to 10 years. The charge could then be dismissed if the defendant has complied with the conditions of his or her deferred sentence, which might include seeking counseling, doing community service, probation, or a short stay in jail.
Likewise, the court can suspend all or part of a sentence and allow the perpetrator to complete their sentence with supervised probation for up to two years or the maximum amount of time allowed by law for the offense.
Conclusion
Even a first arrest on a domestic violence charge is a serious matter in Okmulgee, Oklahoma. A conviction will become part of your criminal record and result in harsher penalties for any subsequent domestic abuse offenses.
In addition, if you are convicted of a felony, you will lose certain civil rights such as the right to vote, hold public office, or own a firearm. You also face the loss of your professional licenses or certifications and find it more difficult to secure employment and housing.
For these reasons, if you are charged with domestic abuse in Okmulgee, Oklahoma, to increase your chances of a favorable outcome, you need to be represented by a criminal attorney familiar with both the Okmulgee criminal court system who can handle your case with discretion and achieve the best results for you and your family.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or someone you know needs to speak with a criminal defense lawyer regarding a domestic violence charge, or any other assault charge, call 918-756-9600 for a low-cost strategy session at the Wirth Law Office-Okmulgee.
You can also enter your legal question or concern in the form at the top right of this page, and one of our attorneys will promptly return your message.
