Receiving a Deferred or Suspended Sentence
Charges for domestic abuse in the presence of a child will not be dropped simply because the alleged victim isn’t interested in taking legal action. The state has the authority to use what’s referred to as a victimless prosecution. However, a judge may decide to issue a deferred or suspended sentence.
With a deferred sentence, the court can delay the proceedings for up to 10 years without entering a judgment of guilt. The case can later be dismissed if the defendant complies with all of the conditions outlined by the court.
With a suspended sentence, the court can allow the defendant to serve all or part of the sentence on supervised or unsupervised probation. Probation can last as long as the maximum sentence associated with the charge.
If you receive a deferred or suspended sentence in a domestic violence case, you are required to attend 52 weeks of domestic violence intervention counseling (DVIS). If you are late or miss more than three sessions in a row or seven sessions in the year, you will need to start the entire process from the beginning to avoid being found noncompliant.
What You Can Do to Protect Your Rights
When you’ve been accused of domestic abuse in the presence of a child, there are some common mistakes to avoid:
- Do not talk to the police without a lawyer present. Even if you believe you’ve done nothing wrong, your statement can be misinterpreted.
- Do not discuss your case with anyone other than your attorney.
- Do not attempt to contact the alleged victim in person, by phone, by email, or through a third-party.
- Do not attempt to contact the child who witnessed the incident.
After your arrest, it’s vital that you seek immediate legal assistance from an experienced Oklahmoa domestic assault and battery lawyer. A conviction can affect your life for many years to come—even making it difficult or impossible to obtain certain types of employment.
You can request our free guide, Domestic Violence Charges in Oklahoma: What You Need to Know, to learn more about what to expect after your arrest and what an attorney can help you to do to build a strong defense. As Oklahoma’s only private criminal defense attorney to focus his practice solely on defending clients accused of special victims crimes like domestic assault and battery, Lee Berlin shares his expertise to help you understand how to protect your rights.
The Berlin Law Firm uses a proprietary defense system to provide clients accused of domestic abuse in the presence of child with the best possible case outcome.