Frequently Asked Questions about Domestic Assault and Battery or Domestic Abuse Charges in Oklahoma
Domestic assault and battery or domestic abuse charges are extremely common in Oklahoma and can have serious implications. Domestic violence convictions carry the requirement that defendants complete a 52 week domestic abuse treatment program. Further, those convicted may be ordered to stay away from the person against whom they committed the assault and battery. If using a weapon, the punishment becomes far more severe. Call a Wagoner domestic assault and battery attorney for more information.
Domestic abuse charges often stem from incidents related to the decline of a relationship, whether it be with a significant other, friend, or family member. As such, these cases usually involve intense emotions and chaos. If charged with a domestic assault or battery, you are likely experiencing a range of emotions.
The following is a list of frequent questions concerning domestic abuse charges in Oklahoma. This list is intended to provide you with a brief overview of the charges against you and what you can do.
What is a domestic assault and battery?
Assault and battery are two separate crimes in Oklahoma, but they can be a single crime. An assault occurs when a person threatens or attempts to cause physical harm to another. A battery requires physical force inflicted on another that causes harm or offends the person.
Assault and battery become domestic in nature when the crimes described above are committed against a current or former spouse, a spouse of the offender’s former spouse, a foster parent, girlfriend or boyfriend, someone with whom you have a child, or someone you live with or have previously lived with.
What are the penalties for a domestic assault and battery?
The crime of domestic assault and battery or domestic abuse is a misdemeanor. If a first offense, it is punishable up to one year in jail and a fine up to $5,000. If the charge is the offender’s second or subsequent offense, it will be a felony, punishable by up to four years in prison and a fine of $5,000.
Additional enhancements exist if the offense committed was part of a pattern of physical abuse, in front of a child, against a pregnant woman, or with a weapon. All offenders must also complete a 52 week domestic abuse treatment program and likely receive orders to stay away from the victim.
If the victim does not want to pursue the charges, can I still be prosecuted?
There is a common misconception that if the victim, often a spouse or loved one, does not want to press charges, the case will simply stop. This is just not the case in Oklahoma. The district attorney’s office controls what cases come to completion or receive a dismissal. The desires of the victim do not dictate the status of your case.
I’m starting to understand the seriousness of the offense, but what can I do to prevent conviction?
The first and most important step is to retain an experienced Oklahoma domestic assault and battery attorney to represent you. It is vital that you consult with an attorney as soon as possible. Thus, he or she can conduct a thorough case investigation while the evidence is fresh and the case against you is still in its infancy.
Your attorney will guide you towards the best possible defense. Further, they ensure you do not make the mistake of accepting a quick plea deal for a conviction. Especially one that could later serve as an enhancement or impact your lifelong goals.
Contact a Wagoner Domestic Assault and Battery Attorney:
If you are facing a domestic assault and battery or domestic violence charge in Wagoner County, the Wagoner Criminal Defense attorneys from Kania Law Office can help. Call our Wagoner Attorneys Law Office (918) 283-7394 to schedule a free consultation to discuss your criminal defense options.
