Stillwater Oklahoma Domestic Violence Defense Attorney

The classification of charges for domestic abuse in Oklahoma depends on the severity of the situation and whether the accused has a history of domestic violence.

For first-time domestic abuse offenses, the charges are typically misdemeanors. A misdemeanor domestic abuse charge can result in a maximum jail sentence of one year and a fine of up to $5,000.

However, certain aggravating factors can escalate a first-time domestic abuse offense to a felony. In such cases, individuals found guilty of domestic abuse in Oklahoma may face penalties of up to four years in prison and fines of up to $5,000.

If the domestic abuse occurs in the presence of a child, a first offense is considered a misdemeanor, punishable by a prison term of six months to one year and a fine of up to $5,000. Subsequent offenses in the presence of a child are charged as felonies, carrying potential sentences of one to five years in jail and fines of up to $7,000.

Furthermore, domestic violence against a pregnant woman can lead to more severe charges. A first offense is typically a misdemeanor, but subsequent offenses can be charged as felonies. In cases where the domestic abuse results in a miscarriage or injury to the unborn baby, the penalties can include up to 10 years in prison. It is important to note that for these severe charges to apply, the abuser must have been aware of the pregnancy at the time of the violence.

Regardless of whether it is the first charge of domestic abuse, causing severe bodily injury to the victim can lead to felony charges, carrying a maximum sentence of 10 years in prison. Severe bodily injury includes: disfigurement, loss or impairment of bodily functions or body parts, organ damage, mental damage, fractured bones, or serious risk of death.

Similarly, strangulation or attempted strangulation is considered a felony offense regardless of whether it is the first domestic abuse charge. The punishment for strangulation or attempted strangulation can range from one to three years in prison and fines of up to $3,000. Subsequent strangulation charges are treated even more severely, with potential sentences of up to 10 years in prison and fines of up to $10,000.

It is crucial to understand that criminal acts in Stillwater, Oklahoma—like in all cities—are subject to a statute of limitations, which defines the timeframe within which legal action can be taken for an alleged crime.

Regarding domestic violence, there is no specific timeframe stated and thus falls under the general statute of limitations in Stillwater, which is three years. This implies that a victim cannot come forward more than three years after a domestic violence incident and expect law enforcement to pursue charges against the accused individual.

This emphasizes the importance of engaging the services of a knowledgeable domestic violence defense attorney right from the beginning. Having an experienced attorney on your side can help navigate the legal process effectively and build a strong defense strategy.