Domestic violence incidents are serious offenses in Oklahoma. Upon conviction, domestic abuse charges can carry significant penalties, including substantial fines, and jail or prison time. If you've been charged with domestic assault and battery, it's important to understand what these charges mean and how they could affect your future.
Under Oklahoma law, domestic abuse is defined as “any act of physical harm or threat of imminent physical harm” and, while most people envision a couple when they hear the term “domestic violence,” that isn't always the case. Domestic assault and battery can be perpetrated by an adult, an emancipated minor, or a child age 13 or older against any of the following individuals:
- A current or former spouse
- The present spouse of a former spouse
- The former spouse of a present spouse
- Foster parents
- Someone related to the defendant by blood or marriage
- Someone the defendant was dating or dated previously
- Someone with whom the defendant has a child
- Someone who used to live in the same residence as the defendant
- Someone currently living in the same house as the defendant
People accused of committing domestic abuse offenses may face charges such as:
- Domestic assault & battery
- Domestic abuse committed in the presence of a minor child
- Domestic assault & battery committed against a pregnant woman
- Domestic abuse resulting in great bodily injury
- Domestic assault & battery by strangulation
While domestic assault and battery, domestic abuse witnessed by a child, and domestic violence against a woman known to be pregnant are misdemeanor charges for first-time offenses, second or subsequent instances are automatically charged as felonies. Additionally, domestic abuse that results in great bodily injury and domestic assault and battery by strangulation (or attempted strangulation) are charged as felonies due to the presence of aggravating factors—even if it's the defendant's first offense.
Our Seasoned Domestic Violence Attorney Can Help You Understand and Protect Your Rights
Being charged with misdemeanor or felony domestic assault and battery can have a devastating effect on your life, putting your job, reputation, financial well-being, freedom, and ability to own a firearm at risk. Don't take these charges lying down—contact the Berlin Law Firm today to schedule a private consultation to discuss the details of your case.