Domestic Assault in Okmulgee
As a society, we value the role that loved ones play in our lives. Family members and intimate partners are important to our lives. When things go wrong, however, a disproportionate amount of violence actually occurs in the home, with loved ones often as the unwitting targets of that violence. Sometimes, that violence can occur on both sides. When emotions run high, it can be difficult to ascertain what really happened in a domestic assault. Oftentimes, it becomes a matter of “he said” vs. “she said.”
Domestic Violence is An Assault and Battery
Domestic violence crimes in Oklahoma are basically considered to be crimes of assault or assault and battery. An assault occurs when a person threatens or attempts to cause physical harm to another person. (Okla. Stat. Tit. 21, §641.) A battery occurs when unwanted contact occurs. The crimes are usually charged together because they occur together. Assault and battery become a domestic violence crime when committed against a victim who is a:
- current or former spouse
- a former spouse’s current spouse
- another family member
- foster parent
- current or former dating partner
- a current or former roommate, or
- a person with whom the offender has a child.
Domestic Abuse: A Misdemeanor Until It’s Not
As a general rule, the first offense of domestic assault and battery is a misdemeanor, punishable by up to one year in the county jail, a fine up to $5000, or both. A second conviction is a felony, punishable by up to four years in prison a fine of up to $5000, or both.
More Serious Domestic Abuse Charges
There are situations in which domestic violence moves beyond a simple assault and battery. In those cases, Oklahoma law provides severe penalties. Here are some of the circumstances and penalties involved:
Prior Pattern of Physical Abuse: If the defendant committed physical abuse against the victim in three different instances within six months of the date of the incident for which he has been charged, the crime is a felony, punishable by up to 10 years in prison, or a fine up to $5000, or both.
Domestic Abuse in the Presence of a Child: On a first offense, if convicted, the defendant faces 6 months to a year in jail, a fine up to $5000, or both. A second conviction could mean from 1 to 5 years in prison, a fine up to $7000, or both.
Domestic Abuse Against a Pregnant Woman: If the offender knows that a woman is pregnant and commits an assault and battery against her, a first offense is a misdemeanor punishable by up to one year in jail. A second offense could mean up to 10 years in prison. If a miscarriage occurs because of the violence, the offender could face up to 20 years in prison.
Intent to Do Bodily Harm: Use of a sharp or otherwise dangerous weapon in committing an assault is considered evidence of intent to do bodily harm. This is considered a felony and may result in up to 10 years in prison or imprisonment in the county jail of up to 1 year.
Great Bodily Harm Results: Broken bones, a head injury, loss of an organ or eyesight, and facial scars are all considered great bodily harm. A conviction involving great bodily harm could mean up to 10 years in prison.
Strangulation: Strangulation is a common method of domestic violence. A first offense is punishable by 1-3 years in prison, or a fine up to $3,000, or both. Any subsequent offense is punishable by 3-10 ten years in prison, a fine up to $20,000, or both.
Dangerous Weapon is Used: If a dangerous weapon is used, penalties are enhanced. Dangerous weapons include guns, knives, bats, steel-toed shoes—almost anything that could inflict great bodily injury. A conviction could mean up to 10 years in prison.
When A Spouse Wrongfully Uses Domestic Violence to Get a Protective Order
Protective orders are meant to protect victims from harm. Unfortunately, they can also be used as leverage in divorce and custody cases. Domestic protective orders can be issued without proof of the acts alleged. And the results of a wrongfully issued protective order can be with a person for years.
Whether you are facing a charge for domestic assault or facing a pending protective order, get help. Time is of the essence in these cases. An experienced and knowledgeable Okmulgee domestic violence defense attorney can help. They can make the difference between continued restrictions and freedom.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or a loved one needs to speak with an Okmulgee criminal defense lawyer, just call our office at (918) 756-9600 or toll-free (888) Wirth-LAW now for a initial consult at the Wirth Law Office – Okmulgee. Or, enter your legal question or concern in the firm at the top right of this page, and one of our attorneys will promptly return your message.
