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