Domestic assault and battery in Tulsa is a common crime. More often then most people realize citizens are charged with domestic assault and battery. The increase in arrests follows closely the public’s desire to reduce domestic violence. This effort comes in the form of strict enforcement of assault charges as they relate to family members. What was once a rare and difficult crime to prove has become much more common to criminal defense attorneys.
What is Assault and Battery:
Before the State can bring a charge of domestic assault and battery they must first prove there was an assault and battery. In Oklahoma, assault and battery is defined in statutes Title 21 Sec 641 and Sec 642. As set out in the two sections to be found guilty the State must prove a willful and unlawful attempt or offer with force or violence to do a corporal hurt to another. The statutes also tell us a battery is any willful and unlawful use of force or violence upon the person of another.
Explaining Domestic Assault and Battery in Tulsa:
Provided the Police show an assault and battery was committed they can move on to domestic assault and battery. To charge the crime as domestic a and b they must next prove that you and the victim were in a domestic relationship. This is done by looking to Title 21 Sec. 60.1 and comparing it with the facts of the crime you’ve been charged with. To prove a domestic relation the state is given a broad range of possibilities. This can range from a current or former spouse or other dating relation on to the current spouse of a former spouse. As you can see this is pretty broad. For the sake of keeping this a blog post and not a book that should suffice.
Consequences of Domestic Assault and Battery:
Unless there’s a weapon or great bodily injury or other factors, domestic assault and battery is charged as a misdemeanor. Like other misdemeanor convictions you’ll be facing up to one year in jail along with fines and costs. You’ll also have more anger management classes and community service hours then you can imagine.
Charged With Domestic A and B in Tulsa Now What:
If you’ve been charged with domestic assault and battery you’re either out on bail waiting for your court date or yet to be arrested. The first thing you need to know is don’t make any statements to the Police or anyone else. Any statements you make may help the Police prove the case against you. This includes jail house apologies you make to your spouse while on the Jail phone ( okay secrets out, jail phone calls get recorded ). Once this is considered you need to hire an attorney who knows domestic assault and battery in Tulsa. Don’t go it alone as its a crime that will remain on your record and could cost you your freedom. For help 918.743.2233
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