All relationships are challenging, whether intimate or familial.
No matter how difficult your relationship becomes, however, you will find yourself putting both your freedom and your relationship on the line if you physically attack the other person.
If you find yourself in this position, you may face a charge of domestic assault and battery Oklahoma.
In that case, you should contact an experienced Okmulgee domestic violence attorney today.
Understanding Assault and Battery
Oklahoma state law defines assault as any willful and unlawful attempt or offer with force or violence to do corporal hurt to another.
Under this standard, you do not need to physically harm anyone to be charged with assault. It is enough that you have attempted to do so. Okla. Stat. tit. 21 § 641
Unlike assault, in order to be charged with battery, a defendant must actually come into physical contact with the victim. There is no requirement that the victim suffer serious bodily injury. Okla. Stat. tit. 21 § 642
About Domestic Assault and Battery Oklahoma
A charge of domestic assault and battery Oklahoma is generally a misdemeanor punishable by up to one year in county jail and a $5,000 fine.
A defendant who has been convicted of domestic assault and battery Oklahoma more than once will be charged with a felony offense and may serve up to four years in state prison.
A defendant who also uses a sharp object or other dangerous weapon during the domestic assault and battery Oklahoma will be charged with a felony and can serve up to 10 years in state prison.
Shooting the victim or using a deadly weapon in the commission of a domestic assault can result in life in prison. Okla. Stat. tit. 21 § 644
Defining a Domestic Relationship in Oklahoma
Only defendants who were in a domestic relationship with the victim can be charged with domestic assault and battery.
Under Oklahoma law, a “domestic relationship” is broadly defined.
Domestic relationships in Oklahoma are not limited to people who are in a romantic relationship with one another.
Domestic relationships can arise if a defendant who has a present or past spousal relationship with the victim, including a current or former spouse.
You can even face a domestic assault charge if you have had an incident with an ex-spouse’s new spouse.
The victim may also be related to the defendant as a guardian, parent, or other blood relationship. This includes parents, foster parents, children, or any person related by blood or marriage.
The defendant may also have a non-blood relationship with the victim. This may be a person with whom the defendant is or was in a dating relationship, an individual with whom the defendant has had a child, or a person who formerly lived in the same household as the defendant. This may also be a person who was simply living in the same household as the defendant for any reason.
Defending a Domestic Assault and Battery Charge
In order to secure a conviction, a prosecutor must present evidence that an assault and battery took place against the victim and that the defendant acted willfully. It is therefore a defense that the battery was accidental or unintentional.
However, because the evidence against a defendant may make it difficult to show that the act was unintentional, an experienced Okmulgee criminal defense attorney can help navigate the various legal challenges that may arise.
Low-cost Consultation: Okmulgee Domestic Violence Lawyer
A conviction of domestic assault and battery can lead to years in jail and severely alter one’s life.
Call 918-756-9600 now for a low-cost strategy session at Wirth Law Office – Okmulgee.
Or, 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.
