Domestic assault charges in Oklahoma are extremely serious, and can have life-altering legal consequences. Depending on the circumstances the crime is charged as felony or misdemeanor. Domestic assault and battery cases are frequently charged crimes. In fact during the pandemic, while we’ve been limited on where we can go, the number of cases has soared. If you have been arrested on these charges, you should take certain steps that will increase your chance for a favorable outcome given the circumstances.
Be Respectful and Cooperate With The Police.
When you are facing domestic assault charges in Oklahoma, chances are that the police will arrest you. Although it is a traumatic experience for you, it is important to remain calm and cooperate with the arresting officer. In this type of situation things that you do may make the case against you worse. Never resist or obstruct the Police as this is just one more charge that will be placed against you. Resisting or obstructing an arrest or an assault on a Police officer is a crime that if stacked on top of the current case makes an acquittal much more difficult to get.
You Have The Right To Remain Silent, Use It.
While you should cooperate with the police, you do not have to answer their questions. Its a common interview tactic to get you talking. The hope is that you’ll provide information and in doing so unwittingly confess to the crime. An example might include statements you make about how you only pushed your partner. Or maybe that your partner hit you first and that you were simply defending yourself when you hit them back. Although its very tempting to talk with a skilled investigator don’t do it. Understand that they’re not on your side. Simply stated they’re doing their job and part of that job is to make an arrest and to make it stick.
Don’t Talk on The Jail Telephone.
Once you get arrested you’ll be placed in custody. You’ll be taken to the Jail in the County where the alleged crime took place. If its in Tulsa you’ll be booked in to David L. Moss. Once you get dressed out you’ll be taken to the pod that you’re assigned to. At this point you will be allowed to make phone calls to your loved ones.
Don’t get on the phone and start apologizing to family and friends. The trauma can be overwhelming and the desire to apologize for things that you didn’t do will be great. Remember that every phone call you make from jail is being recorded and listened to. Before the case gets to Court the District Attorneys office will listened to your calls. If you make statements that make you sound guilty, even if they were made out of jest, they will be used against you. A simple statement of remorse for what’s happened can be twisted in to a confession.
Do Not Ignore Your Own Injuries
In domestic assault and battery cases, it is not uncommon for a defendant to also suffer injuries. Make sure you document these injuries properly as soon as possible after the incident. Use your cell phone camera and video to record your injuries from various angles. If the injuries appear serious, you should seek medical attention right away and obtain a copy of the doctor’s report and diagnosis. Simple things like documenting your injuries can be a defense for you to use later in the case. Especially if your claiming that you were acting in self defense. If you have witnesses to your injuries get their names and addresses and make sure that if needed we can get their testimony at court.
Obey The No Contact Order of The Court.
In most cases, the judge at the arraignment will issue an EPO (emergency protective order) or a no-contact with the victims order. You will be required through this order to maintain a minimum distance from the other party. The order may also prohibit you from making any type of contact with the other party. This can be difficult if you’re married to the other party. Or even worse if the two of you have young children together. Regardless of the outcome of the domestic case, if you violate the no contact order you can face additional charges. Just because you both agree on the contact or that you feel the charges will be dismissed don’t have contact as it can land you back in Jail.
What Happens If The Victim Drops The Charges
In domestic violence cases, the biggest mistake defendants make is to assume that things will be okay and hope that their spouse will drop the charges soon. However, in Oklahoma, the only individual who decides whether to seek a conviction or drop the charges is the prosecutor. In domestic violence cases, prosecutors are usually inclined to go to court against you. The prosecutors have been through thousands of domestic cases. They understand that in many of the same type cases spouses are not inclined to testify. With this experience they use all kinds of methods to get your spouse to court. If you have kids together, and the facts will support it, they might even threaten to have the kids removed from the home for a failure to protect..
Therefore, do not land in bigger trouble by indulging in wishful thinking that your spouse is not going to show up. Rather than living on hope, it is best that you do all things motioned above and prepare yourself for court. By doing this you will have contributed to your defense and to potentially getting the case dismissed or found not guilty.
Tulsa Domestic Assault Attorney
Domestic Assault Charges in Oklahoma can be overwhelming. With help from the skilled domestic assault and battery team at Kania Law Office, it is possible to fight the charges against you. You have options that can keep you out of jail and to potentially get the case dismissed and we can help get you there. Call today for a free consultation by calling at 918-743-2233 or simply fill out our online contact form.
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