Why was I charged with domestic violence if my spouse wasn’t involved in the fight?

How Domestic Violence Charges Are Determined

In Oklahoma, domestic violence is typically charged as domestic assault and battery. A misdemeanor first offense is punishable by up to one year in county jail and a fine of up to $5,000. Second or subsequent offenses are felonies punishable by up to four years in prison and a fine of up to $5,000.

The “domestic” part of a domestic assault and battery charge simply means that you have a close relationship with the victim. “Assault” means you threatened to cause harm, and “battery” means you used intentional force.

Domestic assault and battery can involve many actions, including kicking, pushing, and slapping. The injury doesn’t necessarily need to be severe. For example, pushing a family member and causing them to fall and twist their ankle could result in a domestic violence charge.

Potential Victims of Domestic Violence Under Oklahoma Law

Your current spouse
Your former spouse
The new spouse of your ex-spouse
Any family member related by blood, including parents and siblings
Any family member related by marriage
Your foster parent
Anyone you are currently dating
Anyone you dated in the past
Anyone you live with—even if you are simply roommates with no romantic involvement
Anyone you lived with previously
Anyone with whom you have a child

Enhanced Penalties for Acts Involving Pregnant Victims

Charges for domestic assault and battery carried enhanced penalties when the victim is a pregnant woman—even if she is not carrying your child. However, to be convicted of this crime, the victim must have been visibly pregnant, or you must have known about the pregnancy. If assault and battery causes harm to the unborn child, you can be charged with a felony that carries a sentence of up to 20 years behind bars.

Enhanced Penalties for Acts Involving Child Witnesses

If an assault and battery occurs in the presence of someone under age 18, this can lead to enhanced penalties even if the minor was not harmed. For a first offense, domestic assault and battery in the presence of a minor is punished by imprisonment in the county jail for not less than six months or more than one year, by a fine not exceeding $5,000, or by both fine and imprisonment.

How a Criminal Defense Attorney Can Help With Your Domestic Violence Charge

If you’re facing an Oklahoma domestic assault and battery charge, you must speak to an experienced criminal defense attorney. Do not make the mistake of assuming that a fight based on a misunderstanding will magically go away. The state—not the victim—has the final authority to determine what charges you will face.

A criminal defense attorney can help by explaining the potential consequences of a conviction and evaluating the strength of the evidence available. Your attorney will help you determine the best way to proceed, which may include:

Convince the court to offer a deferred or suspended sentence
Negotiate a plea bargain with the prosecutor on your behalf where you plead guilty in exchange for a lighter sentence
Prepare a defense and represent you at trial

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