Oklahoma Domestic Violence Law
Domestic violence charges can be terrifying and stressful, particularly when they result from an argument that merely got out of hand. Domestic violence or abuse should also never be taken lightly, both for the victim and the guilty party. Physical abuse and even threats can result in extremely serious charges. Physical abuse or the threat of abuse, if left unaddressed, can potentially develop into an even worse outcome. These matters should never be treated lightly.
If you’ve been charged with domestic violence, contact an attorney right away to learn more about the offense and your rights. The lawyers at Brown & Gould, PLLC will aggressively fight for your rights and for a beneficial outcome to your case. Or if you’ve been the victim of a violent act, contact the police immediately.
Under the law, domestic violence is an assault or battery against a relative or family member, current or former significant other, including:
- A child;
- Former spouse;
- Foster parent;
- Girlfriend or boyfriend;
- Former girlfriend or boyfriend;
- Other parent of the defendant’s child; or
- Roommate or former roommate.
Assault & Battery
To understand domestic violence, one must understand the underlying crimes of assault and battery.
- Battery occurs when someone purposefully uses force against another person that results in offense or harm to that person. The victim does not have to be physically injured for the offender to be charged with battery.
- Assault occurs when someone threatens another person with violence or tries to harm the other person. In Oklahoma, the threat must involve a physical action, like throwing back an arm or raising a hand to hit someone.
A person can be charged with both assault and battery for the threat of violence and then following through with that violence. Both assault and battery have extremely serious implications and should never be taken as “playful.”
Statutory Penalties: A Misdemeanor or Felony
A defendant can be charged with misdemeanor or felony domestic abuse depending on the situation. First-time offenders will likely receive a misdemeanor, but those with previous convictions or a pattern of physical abuse may be charged with a felony. Anyone who has a background in crime will likely be given a worse conviction than someone with a clean record.
A misdemeanor is punishable by up to 1 year in jail while a felony is punishable by up to 4 years in prison. Both can result in a maximum fine of $5,000.
Special circumstances can increase the penalty for this offense, such as abuse in the presence of a child, abuse of a pregnant woman, and abuse resulting in great bodily harm. These situations may not automatically increase the crime to a felony, but they often result in a longer jail or prison sentence and a higher fine.
Assault & Battery With a Dangerous Weapon
If the defendant is found to have assaulted or battered another individual with a dangerous weapon, such as a gun or knife, with the intent to do bodily harm, then they are guilty of a felony punishable up to 10 years in prison. Under most rulings, a person with a weapon such as a gun, knife, or another type of harmful object, will often be charged with something as serious as attempted murder if the weapon is fired or if any type of serious harm is done to the victim.
Contact Us For Help Today
If you or a loved one has been charged with domestic violence, contact the Oklahoma criminal defense attorneys at Brown & Gould, PLLC at 405-235-4500. Also, don’t wait to contact the authorities or legal representation out of fear. It’s better to protect yourself and your family if need be.