Aggravated domestic assault In Oklahoma is a serious crime. This kind of crime not only subjects you to jail time but also a conviction will impact child custody. In Oklahoma convictions for aggravated domestic assault create a presumption against you having sole or joint custody in a child custody case. Domestic assault and battery crimes are considered predicate offenses. This means that the first offense of this kind may be charged as a misdemeanor if no aggravating factors apply. But a second or subsequent offense is automatically charged as a felony.
Some Elements of The Crime
A prosecutor can charge you with having committed domestic abuse if you are 13 or older, an emancipated minor, or an adult. Domestic abuse occurs when you physically harm someone you share a dwelling with, such as a family or household member. It might also occur against a current or former dating partner. If no aggravating factors apply, as a first-time offender, you would likely be charged with a misdemeanor. Misdemeanor domestic abuse charges carry a maximum penalty of one year in county jail and a $5,000 fine. If it is your second offense, you will be charged with a felony and could face penalties of up to four years in prison and a maximum fine of $5,000.
When you commit a first-time offense of domestic assault and battery, which occurs in the presence of a child, you can face the punishment of six months to one year in county jail and fines up to $5,000. If it’s your second offense, punishment is one to five years in prison and a maximum fine of $7,000.
Harsher punishments apply if you commit domestic assault and battery against a pregnant woman. If this is your first-time offense of this crime, prosecutors will charge you with a misdemeanor. You face up to a year in county jail and fines. However, if it is your second or subsequent offense, you will be charged with a felony and face up to 10 years in prison. If you committed the crime against a woman who you knew was pregnant and suffered a miscarriage or injury to the unborn child, you could face a mandatory minimum of 20 years in prison.
Aggravated Domestic Assault in Oklahoma
The crime of aggravated domestic assault and battery occurs when the victim sustains a great bodily injury. It also occurs when an able-bodied person attacks an elderly, disabled, or incapacitated person. Various injuries are considered “great bodily injuries.” The following are the most common: bone fracture, visible disfigurement that is more than temporary, loss of function of a body part or organ that is more than temporary, long-term brain injury, or an injury that involves serious risk of death. If a great bodily injury occurs, the prosecutor can charge you with a felony. Even if it is your first-time offense of this crime, the punishment can be up to 10 years in prison.
Domestic Assault by Strangulation
There also exists a domestic assault and battery by strangulation crime in Oklahoma. Actual or attempted strangulation is an aggravating factor that will render the crime a felony. If it is your first-time offense of domestic assault and battery by strangulation, then you can face a penalty of one to three years in prison and a $3000 maximum fine. A second or subsequent offense carries a sentence of three to ten years and a fine of up to $20,000.
A felony conviction can seriously affect a person’s life. They carry stricter penalties than misdemeanors and can affect your life long after paying any debt owed to society. For example, if you were convicted of a felony, you might be stripped of your voting rights or have difficulty finding work or housing. That is why you must seek the guidance of an experienced and knowledgeable criminal defense attorney who can adequately represent you and your interests.
Domestic Assault Attorneys Near You
An experienced criminal defense attorney could help you if you have been charged with domestic assault or battery in Oklahoma. You’ll need to understand your options and how to proceed. You’ll want to have an assault and battery criminal defense attorney involved early in your case. This helps you by protecting your rights and building a viable defense strategy. If you are charged with an assault crime or battery crime we can help you. Kania Law Office (918) 743-2233 or contact us online.
Tulsa's Local Criminal Defense Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of criminal defense attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.