Assault And Battery Against a Pregnant Woman In Oklahoma

Assault and battery against a pregnant woman in most instances is charged as domestic violence. This is because in many of the cases there is a relationship between the pregnant woman and the accused attacker. But this type of crime isn’t always alleged between persons in a relationship ether by family or by law. In this case, it enhances the assault from a simple assault and battery to a domestic assault and battery against a pregnant woman.

Domestic Assault And Battery

To be charged with domestic assault and battery, the victim and the accused must be or have been in a family relationship. What a family relationship actually is causes many people problems in its interpretation. Under the law, for the purpose of domestic violence, Oklahoma statues define the relationship under O.S. Title 22 Sec. 60.1. The premise of the definition looks beyond a current relationship between two intimate partners. The family relationship extends to both current and prior partners. This can also include family members and past and current family members and their family members. In fact, the family relationship even extends to persons not related by blood or marriage living in the same household.

Assault Against A Pregnant Woman

Assault and battery against a pregnant woman in Oklahoma is a very serious crime indeed.  Any person convicted of domestic abuse committed against a pregnant woman with knowledge of the pregnancy shall be guilty of a felony. This is punishable by imprisonment in the custody of the Department of Corrections for not more than five (5) years. As you can see the punishment upon a conviction is very harsh. It also resembles the punishment for other felony assault and battery crimes that are aggravated by the existence of other factors acting to enhance the simple assault crime. In the event that the unborn child dies resulting from the assault and battery, the potential penalty enhances further with a prison sentence up to 20 years in prison.

Defenses To Assault and Battery Against a Pregnant Woman

Many of the defenses to the charge of assault and battery against a pregnant woman are the same as defending any other assault and battery crime. The first and perhaps most obvious is defense is knowledge. You cant be guilty of a the crime assault and battery on a pregnant woman if you do not know she is pregnant. A question might arise as to notice of the pregnancy if a reasonable person would have that knowledge by simply looking at the woman. Other defense might involve self defense or defense of others or the lack of capacity to commit the crime.

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Tulsa Okla. Domestic Assault and Battery Lawyers Near You

If you have been charged in Oklahoma with domestic assault and battery you are facing a very serious crime. This kind of charge has far reaching consequences far beyond a conviction of a normal crime. Recent case law in the state limits the rights of those convicted of domestic assault crimes. Not just will you lose certain gun rights but a conviction for domestic assault could impact your rights in a child custody proceeding. For a Free consultation with a Tulsa domestic assault attorney at Kania Law Office call 918.743.2233 or click here to ask a Free legal question.