First-time domestic violence offenders in Oklahoma are generally viewed more favorably than those with a history of domestic abuse.
However, once an individual has been charged with domestic abuse, any repeat offenses will be seen as a pattern of behavior. The courts will then act more harshly to protect the community from future domestic violence by the perpetrator.
From our team of dedicated Oklahoma City criminal defense attorneys at Jacqui Ford Law, here is everything you need to know about facing a first-time domestic violence charge.
What To Expect in a Domestic Violence Legal Proceeding in Oklahoma
From the moment you step into our doors when you face domestic violence charges, Jacqui Ford is dedicated to your defense. Starting with the arraignment and continuing through pre-trial hearings, Jacqui and her team have been working for over a decade to advocate for their clients, striving to achieve the best possible outcome.
Step 1: Arraignment
The first step in the domestic violence legal process, according to Oklahoma Law, is the arrest of the accused person. This is followed by an arraignment, where the courts formally present the charges to the suspect.
At this stage, the individual will enter a plea. It is crucial to consult experienced criminal defense counsel before your arraignment. The decision about how to plead is fundamental to the future of your case. While you can change your plea at any point in the process, it is advisable to make the right choice from the start.
Step 2: Pre-trial Hearing
After the arraignment, the court will schedule new dates for the subsequent legal proceedings. During this phase, your criminal defense attorney may engage in pre-trial negotiations. Your attorney will gather critical information for your case, including:
- The facts of the case against you
- Your criminal history (if applicable)
- The history of the victim
- The extent of any injuries
- Other relevant details and facts
Your criminal defense lawyer in Oklahoma will thoroughly investigate these details to build a strong defense. This effort may involve discussions with witnesses, including character witnesses.
Even outside the courtroom, your attorney will be diligently working to either secure a favorable outcome for you or to have the charges dismissed entirely.
Step 3: Plea Bargaining
After pre-trial hearings, the next phase is plea bargaining. During this time, the defendant’s attorney might negotiate with the prosecutor to reduce the charges or sentence in exchange for a guilty plea. The outcome often depends on the attorney’s skill and legal knowledge.
Step 4: Trial
If no plea deal is reached, the case goes to trial. Both sides present their cases through opening statements, witness testimony, cross-examinations, and closing arguments. This is the defendant’s main chance to challenge the charges.
Step 5: Sentencing
If found guilty at trial, the judge will decide the sentence. This depends on factors such as:
- Crime’s severity
- The defendant’s past record
- Case specifics
Sentencing for domestic violence in Oklahoma may include prison, fines, community service, or counseling.
Penalties for First-Offense Domestic Violence in Oklahoma
Domestic violence is a serious offense in Oklahoma, with significant legal consequences for those convicted. Even a first-time offender can face severe penalties, including incarceration, fines, and other rehabilitative measures.
Here’s a detailed overview of the penalties one might expect for a first-offense domestic violence charge in Oklahoma:
- Incarceration: A first-offense domestic abuse misdemeanor typically results in up to one year in county jail, provided there are no aggravating factors involved.
- Fines: Individuals convicted of a first-offense domestic abuse may face fines up to $5,000.
- Permanent Criminal Record: A conviction for any domestic violence offense will be recorded permanently on an individual’s criminal record.
Additional Penalties:
- Offenders may be required to undergo probation, which involves regular monitoring and compliance with specific court-ordered conditions.
- Completion of domestic abuse prevention courses is often mandated to address and correct abusive behaviors.
- Anger management classes may also be prescribed to help offenders better manage their emotions.
- Community service might be assigned as a form of restitution and rehabilitation, contributing positively to the community.
While misdemeanor domestic abuse convictions might be expunged after a legally specified period, demonstrating rehabilitation and compliance, felony convictions are permanent. They cannot be sealed or expunged, having lifelong consequences.
How Does a Misdemeanor Affect My Record in Oklahoma?
Misdemeanor convictions do not have the same severe consequences that felony charges do.
However, a misdemeanor still gives you a criminal record and could make it more difficult to prove your innocence in future criminal cases.
For Job Applications
The implications of a criminal record extend to employment, particularly during the hiring process.
- Disclosure: You must disclose any convictions when asked on job applications.
- Background Checks: The misdemeanor will appear during background checks.
- Employer Record Requests: Some employers may only check records going back a set number of years; however, relying on this is risky.
Criminal Record
The longevity of a misdemeanor on your record can affect various aspects of your life.
- Permanent Record: There is no set time limit after which a misdemeanor automatically disappears from your record.
- Expungement: The record remains until you successfully petition for it to be expunged or sealed.
To prevent a permanent mark of domestic abuse on your criminal record, the best strategy is to avoid a conviction. Successfully having charges dropped, dismissed, or receiving a deferred sentence from the court may make you eligible to expunge the record. The consequences of a domestic abuse offense can significantly impact many aspects of your life.
Engaging a skilled Oklahoma criminal defense attorney who can answer your questions and help you navigate the legal process to avoid a conviction in Oklahoma is essential.
How You Can Help Prepare a Domestic Violence Defense With Your Lawyer?
As your lawyer works to build your domestic violence defense, they might look to you for additional details.
You should provide as much detail as possible that might help in favorable negotiations. These details might include:
- Violent History of the Victim: Information about any past violent behaviors exhibited by the victim that might be relevant to the case.
- Previous False Accusations Made by the Victim: Instances where the victim has previously made accusations that were proven unfounded or dismissed.
- The Victim’s Psychological State: Information regarding the mental health of the victim that might explain their behavior or credibility.
- Proof of Victim Drug or Alcohol Abuse: Evidence of the victim’s substance abuse that could have influenced their behavior during the incident.
- Any Other Details That Might Explain the Violence Between You: Additional context such as relationship dynamics, previous disputes, or any provocations that might shed light on the incident.
Contact Jacqui Ford Law to Help You Defend Your Domestic Violence Case
Domestic violence charges can be detrimental to your record and ultimately, to your life. Trust our collected knowledge and years of experience to guide you through these challenging times and work towards a favorable outcome for your case.
Jacqui Ford Law is a team of fierce defense attorneys. Whether your domestic abuse case is a first or subsequent offense, we are committed to protecting your rights. Contact us at 405-604-3200 to schedule a free consultation and learn more about our criminal defense services.
