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Domestic
Assault
and Battery
Oklahoma Violent Crimes Defense
Okla.
Stat.
tit. 21 § 644(C)
Crime:
In
Oklahoma, it is unlawful to commit any assault and battery against 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 is
punishable by up to one (1) year imprisonment in the county jail,
and/or by a fine of up to $5,000.
-
Second
Offense - A
second or subsequent offense is punishable by up to four (4) years,
imprisonment in the custody of the Department of Corrections and/or
a fine of up to $5,000.
Title 21. Crimes and Punishments
Chapter 20 - Assault and Battery
Section 644 - Punishment for Assault and Battery
C. Any person who commits any assault and battery 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 be guilty of domestic abuse. Upon
conviction, the defendant shall be punished by imprisonment in the
county jail for not more than one (1) year, or by a fine not exceeding
Five Thousand Dollars ($5,000.00), or by both such fine and
imprisonment. Upon conviction for a second or subsequent offense, the
person shall be punished by imprisonment in the custody of the
Department of Corrections for not more than four (4) years, or by a fine
not exceeding Five Thousand Dollars ($5,000.00), or by both such fine
and imprisonment. The provisions of Section 51.1 of this title shall not
apply to any second or subsequent offense.
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