Domestic assault and battery Oklahoma, also known as domestic violence, is a serious charge. It is also a broad crime, since a number of relationships can be defined as “domestic.” If you or someone you know faces a domestic assault and battery Oklahoma charge, contact an experienced Tahlequah attorney today.
About Assault And Battery
It is illegal to commit any willful and unlawful attempt or offer with force or violence to do corporal hurt to another.
Oklahoma law defines this as “assault,” and a defendant need only attempt to harm another person. Okla. Stat. tit. 21 § 641
Battery, on the other hand, requires that a a defendant must actually come into physical contact with the victim.
The physical contact need not cause serious bodily injury. Okla. Stat. tit. 21 § 642
Defining Domestic Assault And Battery Oklahoma
An assault and battery committed against someone a defendant had a relationship with will result in a charge of domestic assault and battery.
Domestic relationships are broadly defined in Oklahoma and are not limited to romantic or sexual relationships.
A defendant will be charged with domestic assault and battery Oklahoma if they have a present or past spousal relationship with the victim, including a current or former spouse.
Similarly, a domestic assault and battery charge will result if you have an altercation with an ex-spouse’s new spouse.
Domestic relationships are also legally defined as anyone who is related to the defendant as a guardian, parental or other blood relationship. This includes parents, foster parents, children, or any person related by blood or marriage.
Any non-blood familial or household relationships are also considered “domestic.”
These include people with whom the defendant is or was 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.
This may also be a person who was simply living in the same household as the defendant for any reason. Okla. Stat. tit. 21 § 644
Penalizing Domestic Assault and Battery Oklahoma
A charge of domestic assault and battery Oklahoma is generally a misdemeanor punishable by up to one year in county jail and a $5,000 fine.
A defendant who has been convicted of domestic assault and battery Oklahoma more than once will be charged with a felony in Tahlequah and may serve up to four years in state prison.
A defendant who also uses a sharp object or other dangerous weapon during any domestic assault and battery Oklahoma will be charged with a felony and can serve up to 10 years in state prison.
Shooting the victim or using a deadly weapon in the commission of a domestic assault can result in life in prison.
Low-cost Initial Consultation: Tahlequah Domestic Violence Lawyer
A conviction of domestic assault and battery can lead to years in jail and severely alter one’s life.
If you or someone you know is faced with this charge, please contact a Tahlequah criminal defense attorney to discuss your available legal options.
For a low-cost consultation, call Wirth Law Office – Tahlequah at 918-458-2677 or toll free at 1-888-447-7262.
Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll reach you by e-mail as soon as possible.
