Domestic Violence: Basic Elements
Tulsa County Child Abuse Charges and Domestic Violence have only a few requirements to meet for a court to be able to convict. First there must be some type of assault and/or battery. But the target of the assault or battery must fall into one of these categories: someone you are or have dated, a family member, or a co-parent. You can find this under 21 O.S. § 644(c). If the state cannot prove one of these elements, then it is likely you will have a good shot at winning your defense.
Domestic Violence: Child Abuse
Domestic violence is a bad charge, but when it enhances to Tulsa County child abuse charges this is significantly worse. Here 21 O.S. § 843.5(A) applies. This sets out
certain elements to make the case for child abuse. These are:
- willful or malicious harm, or threats of harm to the welfare of a child, OR
- willfule malicious injury, torture, or maiming of a child
- under the age of 18
- by another person
In order to sustain a conviction, the State has a burden of proving each one of these elements. If they cannot prove one, then their case may not stick. People are surprised to find out that many times the State over charges so that they gain additional leverage to force you in to a plea deal. It is our job to make sure that they meet their burden of proof and do so without intimidation or harassment.
You may want to read this article about difference-between-assault-and-battery crimes
Criminal Legal Support:
We understand that sometimes Tulsa County child abuse charges are not always an accurate description of an event. In fact, we have defended clients who faced false accusations of abuse by ex-spouses for custody leverage. Nobody wants to have the title “child abuser”. Let our attorneys help you out of this tight spot. Call 918.416.0358 for a free consultation.