Therre are several things that can make domestic assault a felony. While a first offense is often filed as a misdemeanor, certain aggravating factors can elevate the charge to a felony. A felony conviction can lead to prison time, loss of civil rights, and a permanent criminal record. If you or a loved one faces domestic violence charges, understanding what makes a domestic assault a felony under Oklahoma law is critical.
1. Prior Domestic Violence Convictions
A prior conviction for domestic assault and battery—regardless of how long ago it occurred—can elevate a new charge to a felony. The law assumes repeat behavior and imposes harsher penalties.
2. Use of a Dangerous or Deadly Weapon
Using or threatening someone with a weapon during a domestic assault automatically increases the charge to a felony. This includes firearms, knives, blunt objects, or anything used as a weapon.
3. Great Bodily Injury to the Victim
If the alleged assault causes significant or permanent injury (such as broken bones, disfigurement, or unconsciousness), the charge can be filed as felony domestic assault and battery resulting in great bodily injury.
4. Strangulation or Attempted Strangulation
Oklahoma law specifically treats strangulation or attempted strangulation of a family or household member as a felony—even on a first offense. This reflects the heightened danger and potential lethality of such conduct.
5. Domestic Abuse in the Presence of a Child
If a child witnesses the alleged act of domestic violence, prosecutors can charge the defendant with a felony under Oklahoma statutes. This applies even if no physical harm occurs to the child.
6. Violation of a Protective Order
If someone commits domestic assault while a protective order is in place, the violation can enhance the charge to a felony. Courts take these violations very seriously, especially when the victim has already sought court protection.
7. Pregnant Victim
If the victim is pregnant and the accused knew or should have known about the pregnancy, a domestic assault can be filed as a felony under Oklahoma law—even if no severe injury occurs.
8. Criminal Record Involving Violence
Even if prior charges were not for domestic assault, other violent convictions (e.g., battery, assault with a deadly weapon) can enhance new domestic violence charges to a felony.
9. Assault with Intent to Commit a Felony
If the assault was committed with the intent to commit another felony—such as sexual assault, kidnapping, or murder—it will be charged as a felony, regardless of whether the intended felony occurred.
10. Multiple Offenses in a Short Timeframe
If the accused commits multiple acts of domestic violence within a short period—especially against different victims or in violation of court orders—prosecutors may pursue felony charges to reflect the ongoing threat.
Felony Penalties in Oklahoma for Domestic Assault
Felony domestic violence convictions in Oklahoma carry serious consequences. Depending on the specific charge and enhancements, a defendant may face:
- 1 to 10 years in prison (or more for repeat or aggravated cases)
- Fines up to $5,000
- Court-mandated counseling or intervention programs
- Loss of gun ownership rights
- Protective orders and supervised visitation (if children are involved)
Although these are some potential penalties, the court makes the ultimate decision.
Tulsa Domestic Assault Attorneys
If you’re facing domestic assault charges in Oklahoma—especially those that may be a felony—you need to act quickly. Early intervention by an experienced criminal defense attorney can help protect your rights, challenge evidence, and potentially reduce or dismiss the charges. Get a free consultation by calling the Tulsa Criminal Lawyers Law Firm at 918-416-0358. Or, if you like, you can follow this link to ask a free criminal defense question online.