May times persons involved in a relationship find themselves in arguments that develop in to what the state considers domestic assault and battery. In many of the cases we have handled the partner that was injured doesn’t really want to prosecute the case because the incident that occurred amounted to nothing more than an argument that spiraled out of control. In still others the partner wants the other prosecuted to the full extent of the law. In the event that you were arrested for a domestic assault and battery the state will have to prove certain elements of the crime and will also need the aggrieved partner to testify at trial.
To be charged with domestic assault and battery there must first be an actual assault. The statutory reference for assault is 21 O.S. 641. Oklahoma defines assault as the intentional and unlawful attempt or offer of force or violence to do a corporal hurt to another. So this means threats of violence to another that are not somehow considered to be lawful are for the purpose of satisfying this statute assault.
Next the state must show that there was an actual touching of your partner. This touching must have been considered unauthorized, unlawful and a use of force or violence upon the other. The statutory reference for battery is 21 O.S. 642
If you are convicted of simple assault or assault and battery the range of sentencing is from 30 days in county jail to 90 days if the assault involved an actual battery. For both crimes they are also subject to certain fines and associated court costs.
Oklahoma Domestic Assault and Battery
Is the same as assault and battery as described above but with the additional element that the persons involved are in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes or are otherwise considered to be family members. The range of sentencing for a conviction of domestic assault and battery is enhanced beyond that of simple assault or assault and battery. For domestic assault and battery if convicted you may be punished by imprisonment in the county jail for not more than one (1) year, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. The sentence can be either suspended with no time served, times served of in many cases differed meaning your charge is delayed for a period determined at court. As with simple assault and battery any subsequent violations that end in convictions for second offenses is a felony criminal offense and is enhanced for domestic assault and battery up to 4 years in state prison.
Contact Our Domestic Assault and Battery Attorneys
If you or a family member is charged with domestic assault and battery you need serious criminal defense help to help you get through the process and potential avoid a felony or misdemeanor conviction on your record. Our defense attorneys in Tulsa have assisted families and individuals with domestic assault and battery charges just like yours. Call today for a free consultation. Call 918-416-0358