Domestic violence is a pervasive issue that affects countless individuals and families across the United States, including Oklahoma. Within the realm of domestic violence, one particularly concerning offense is domestic assault in the presence of a minor. Not only does this crime pose a threat to the immediate victims involved, but it also exposes children to traumatic experiences with potential long-lasting effects. In Oklahoma, the law takes a firm stance against such actions, and understanding the legal implications is crucial.
Is it a Misdemeanor or a Felony?
In Oklahoma, domestic assault and battery in the presence of a minor is classified as a misdemeanor or a felony offense. This means that if an individual receives a conviction of this crime, they may face severe penalties. This can include incarceration and hefty fines. The severity of the punishment underscores the gravity with which the state treats offenses committed in the presence of vulnerable minors. If a person receives a conviction of a first offense domestic assault in the presence of a minor the first offense is a misdemeanor. Further, if a person receives charge of a second offense, it upgrades to a felony offense.
Punishment upon Conviction
The penalties for domestic assault and battery in the presence of a minor can vary depending on the specific circumstances of the case and the defendant’s criminal history. However, typical consequences include:
- Misdemeanor: If this is a first offense without other aggravating circumstances the charge is a misdemeanor. If a person receives a conviction of a misdemeanor domestic assault in the presence of a minor they face from 6 months to 1 year in the Wagoner County Jail. They also face fines up to $5000.00 and probably have to do anger management classes and community service.
- Felony: If the charge is a subsequent or second offense the crime is a felony. A felony sentence is much more severe. A person found guilty faces not less than one year or more than five years in DOC custody. They also face fines not more than $5000.00 along with other terms and conditions. Those terms include anger management classes and other rules and conditions as set out by the court. In addition to potential incarceration, offenders may have a requirement to pay substantial fines as determined by the court.
- Deferred Sentence: In some cases, the court may impose probationary terms under a deferred sentence. A deferred sentence is otherwise called delayed sentencing. It allow the accused to remain out of custody and on probation for a period set out by the court. It is not a conviction and at the end of a successful probation you will be eligible for a section 991C expungement.
- Suspended Sentence: This is a conviction. For a suspended sentence you do not always have to spend the period of suspension is jail. Some or all of the sentence can be served ether in or out of custody. The rules for expungement are different than if the sentence is a deferred but it can still be expunged.
Wagoner County Domestic Assault Attorneys
Domestic assault and battery in the presence of a minor is a serious crime with far-reaching consequences. Not only does it endanger the immediate victims involved, but it also exposes children to traumatic experiences that can have lasting effects. If you find yourself charged with this or any domestic assault charge you need someone in your corner. This attorney should understand that sometimes things just get a little out of hand. Sometimes disagreements between loved ones is not much more than a simple argument. For a free consultation with a criminal defense attorney from the Kania Law Office – Wagoner call 918.283.7394
