Assault And Battery By Strangulation

Assault and battery by strangulation is a crime punishable by imprisonment. In Oklahoma, it is unlawful to commit any assault and battery by strangulation or attempted strangulation of 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 For Assault and Battery by Strangulation in Tulsa

Okla. Stat. tit. 21 § 644(J)

First Offense – The first offense of domestic assault and battery by strangulation is punishable by between one (1) and three (3) years imprisonment in the custody of the Department of Corrections, and/or a fine of up to $3,000.

Second Offense – A second or subsequent offense is punishable by between three (3) and ten (10) years imprisonment in the custody of the Department of Corrections, and/or a fine of up to $20,000.

Title 21. Crimes and Punishments
Chapter 20 – Assault and Battery
Section 644 – Punishment for Assault and Battery

J.  Any person who commits any assault and battery with intent to cause great bodily harm by strangulation or attempted strangulation against a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was 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, upon conviction, be guilty of domestic abuse by strangulation and shall be punished by imprisonment in the custody of the Department of Corrections for a period of not less than one (1) year nor more than three (3) years, or by a fine of not more than Three Thousand Dollars ($3,000.00), or by both such fine and imprisonment.

Upon a second or subsequent conviction for a violation of this section, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for a period of not less than three (3) years nor more than ten (10) years, or by a fine of not more than Twenty Thousand Dollars ($20,000.00), or by both such fine and imprisonment. The provisions of Section 51.1 of this title shall apply to any second or subsequent conviction of a violation of this subsection. As used in this subsection, “strangulation” means any form of asphyxia; including, but not limited to, asphyxia characterized by closure of the blood vessels or air passages of the neck as a result of external pressure on the neck or the closure of the nostrils or mouth as a result of external pressure on the head.