Even though the general public often thinks of domestic violence as acts occurring between married people, this crime can involve victims with any type of romantic, familial, or household relationship.
At Berlin Defense, we provide focused, personalized, and effective representation for Oklahoma residents facing domestic violence charges. We understand that good people can make mistakes when tempers flare. Tulsa criminal defense attorney Lee Berlin will fight to minimize the effect of this charge on your future and to ensure that you’re allowed the opportunity to tell your side of the story.
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
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
Have You Been Charged With a Domestic Assault and Battery Crime in the Tulsa, OK Area?
If you or a loved one has been charged with domestic assault & battery in the Tulsa, Oklahoma area, you need to speak with an experienced criminal defense attorney as soon as possible. Please contact us online or call 918.384.0850 for your initial strategy session. We are proud to serve Tulsa and all surrounding areas.
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