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Domestic Assault
and Battery
Oklahoma Violent Crimes Defense Counsel
Okla.
Stat.
tit. 21 § 644(C)
Crime:
In
Oklahoma, it is unlawful to commit any assault and battery by
strangulation or attempted strangulation of a current or former spouse,
present spouse of a former spouse, parents, foster parent, child, a
person otherwise related by blood or marriage, a person with whom the
defendant is in a dating relationship, an individual with whom the
defendant has had a child, a person who formerly lived in the same
household as the defendant, or a person living in the same household as
the defendant.
Punishment:
-
First
Offense - The first offense of domestic assault and battery by
strangulation is punishable by between one (1) and three (3) years
imprisonment in the custody of the Department of Corrections, and/or
a fine of up to $3,000.
-
Second
Offense - A second or subsequent offense is punishable by
between three (3) and ten (10) years imprisonment in the custody of
the Department of Corrections, and/or a fine of up to $20,000.
Title 21. Crimes and Punishments
Chapter 20 - Assault and Battery
Section 644 - Punishment for Assault and Battery
H. Any person who commits any assault and battery with intent to cause
great bodily harm by strangulation or attempted strangulation against a
current or former spouse, a present spouse of a former spouse, parents,
a foster parent, a child, a person otherwise related by blood or
marriage, a person with whom the defendant is in a dating relationship
as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an
individual with whom the defendant has had a child, a person who
formerly lived in the same household as the defendant, or a person
living in the same household as the defendant shall, upon conviction, be
guilty of domestic abuse by strangulation and shall be punished by
imprisonment in the custody of the Department of Corrections for a
period of not less than one (1) year nor more than three (3) years, or
by a fine of not more than Three Thousand Dollars ($3,000.00), or by
both such fine and imprisonment. Upon a second or subsequent conviction,
the defendant shall be punished by imprisonment in the custody of the
Department of Corrections for a period of not less than three (3) years
nor more than ten (10) years, or by a fine of not more than Twenty
Thousand Dollars ($20,000.00), or by both such fine and imprisonment. As
used in this subsection, "strangulation" means a form of
asphyxia characterized by closure of the blood vessels or air passages
of the neck as a result of external pressure on the neck.
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