In Oklahoma, domestic assault in the presence of a minor occurs when an individual commits an assault or battery against a family or household member in the presence of a child who is under the age of 16. This can include acts of physical violence, threats of violence, or any behavior that creates a fear of imminent harm. Regarding the law of assault and battery this law has many types of variations and potential levels of punishment if convicted of the crime. From simple misdemeanor charges to the most serious of felony charges domestic assault in the presence of a minor is very serious and if convicted comes a a felony that carries with it the potential of prison time.
An Example Of Domestic Assault in The presence
An example of domestic assault in the presence of a minor in Oklahoma could be a situation where a parent or guardian has an involvement with a partner or family member while in the presence of a minor. The minor must be under the age of 16 and the child must witness the assault. The assault can involve pushing or shoving or creating a credible fear on up to much more serious physical attacks. The most important element of this crime is the assault takes place between family members and is in the vicinity of a minor child.
Punishment For Domestic Assault in The Presence
Domestic assault in the presence of a minor is typically a misdemeanor unless there is a second offense or some other aggravating circumstance. Factors the court considers in sentencing include the prior history of the accused including any prior convictions, Prior history is one of the biggest factors that can enhance your punishment. The courts consider a prior pattern to be two or more domestic assaults including this incident. Other factors that enhance potential punishment include how serious the harm is to the victim and if there were any weapons in the attack.
Misdemeanor and Felony Potential Jail Time
If a person is convicted of a first offense domestic in the presence of a minor this is a misdemeanor. They can face 6 months to one year in jail. They can also face fines and costs that can be as high as five thousand dollars. In addition to the potential punishment set out above any person convicted of this offence will also face other court ordered punishment including anger management and batters intervention classes. For a second time domestic in the presence this will be charged as a felony and subject the offender to much more serious punishment. This includes a minimum of one year up to five years in the custody of the department of corrections. Fines and costs for a felony conviction can be up seven thousand dollars.
Tulsa Domestic Assault Lawyers Near You
Receiving a charge for assault in the presence of a minor is a serious crime. The implications of this kind of crime run deeper than many other type charges. Not only are subsequent convictions delt with in a far more serious fashion, this kind of conviction impacts many other areas of your life. Not only is your criminal record darkened by a conviction so too can child custody be impacted. This is because a conviction for domestic assault creates a presumption that joint custody on your part is not in the best interest of the child. Get out and fight this kid of charge. It starts by getting a free consultation with one of the Oklahoma domestic assault and battery criminal defense attorneys at Tulsa Criminal Lawyers Law Firm 918. 416.0358 or click here to ask a free online criminal defense question