Aggravated domestic assault and battery in Oklahoma is serious and has big consequences for the entire family. It’s not only a problem for the parties, but exposing the children to the abuse is also harmful. Oklahoma law, including the Protection from Domestic Abuse Act and other criminal statutes address domestic violence in Oklahoma. This includes getting protective orders or other emergency custody orders. Certain aggravating circumstances can result in a charge for a felony-level domestic abuse charge.
Domestic Abuse (Violence) In Oklahoma
In Oklahoma, domestic violence is also known as domestic abuse or domestic assault and battery. Domestic abuse can also include stalking, harassment, child and elder abuse, and protective order violations. If the other persons actions including stalking and harassment reach a level where the target feels a reasonable risk of harm this in itself warrants getting a protective order.
Assault And Battery In Oklahoma
Oklahoma generally charges the crime of assault and the crime of assault and battery as misdemeanors. Both charges are punishable by 90 days or less in county jail. But if the State can show aggravating circumstances the crime will enhance. This includes multiple convictions within a period of time together other circumstances.
Assault And Battery Against An Intimate Partner or Family Or Household Member
A person alleged to have committed an assault and battery against a current or former intimate partner or a family or household member under Oklahoma law can be charged with domestic abuse. If convicted, a defendant is subject to punishment by imprisonment in county jail for up to one year and a fine of not more than $5,000.00. Repeat offenders are subject to imprisonment in an Oklahoma state prison for a maximum of four years and a fine not exceeding $5,000.00.
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Aggravated Domestic Violence
Some of the following Oklahoma criminal offenses can raise assault and battery or domestic abuse to a felony-level offense. A second or subsequent offense can also result in a felony. In the event that the violence enhances to a felony and the person is convicted of the crime the conviction of a felony enhances the punishment to at least one year or more in prison.
Domestic Assault And Battery With A Dangerous Weapon
Any person who, with intent to do bodily harm, commits any assault, battery, or assault and battery upon an intimate partner or a family or household member with any sharp or dangerous weapon is guilty of domestic assault or domestic assault and battery with a dangerous weapon. This offense is charged as a felony and is punishable by imprisonment in an Oklahoma state prison facility for a maximum of 10 years or by imprisonment in a county jail for a maximum of one year.
Domestic Assault And Battery With A Deadly Weapon
Any person who shoots an intimate partner or a family or household member with any deadly weapon that is likely to produce death is guilty of domestic assault and battery with a deadly weapon. This is also a felony punishable by imprisonment in an Oklahoma state prison.
Domestic Abuse Against A Pregnant Woman
Any person who commits domestic abuse against a pregnant woman with knowledge that the woman is pregnant is guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than one year. Repeat convicted offenders are guilty of a felony, punishable by imprisonment in an Oklahoma state prison for not less than ten years. If the pregnancy results in a miscarriage or other injury, the offense is a felony. This felony-level offense can be punishable by imprisonment in an Oklahoma state prison for 20 years or more.
Domestic Abuse Causing Great Bodily Injury
Any person who commits domestic abuse resulting in great bodily injury to the victim is guilty of a felony. Punishments include imprisonment in an Oklahoma state prison for a maximum of 10 years or imprisonment in a county jail for not more than one year.
Domestic Abuse with Prior Pattern of Physical Abuse
Any person who commits domestic abuse, and has a prior pattern of physical abuse, is guilty of a felony. This crime is punishable by imprisonment in an Oklahoma state prison for a maximum of 10 years and a maximum fine of $5,000.
What Is A Prior Pattern Of Physical Abuse?
A “prior pattern of physical abuse” means two or more separate incidences, including the current incident, occurring on different days. Each incident must relate to an act constituting assault and battery or domestic abuse committed against individuals such as a current or former spouse.
Oklahoma Domestic Violence Lawyers in Tulsa
The knowledgeable domestic violence and violation of protective order attorneys at Tulsa Divorce Attorneys and Associates Law Office have experience in domestic abuse cases in Oklahoma. We can help you deal with the legal and emotional issues in any domestic violence case, especially those involving minor children. For more information about how our Oklahoma lawyers can help you, call (539)-302-0303 or contact us online.