When a domestic abuse allegation enters your life, everything can feel like it’s suddenly on the line. This includes your freedom, your reputation, and your future. Fear, confusion, and uncertainty often take over before you even fully understand what the charge means or what comes next.
Domestic abuse is assault or battery against an intimate partner, family member, or individual living in the same household as you. To better understand domestic abuse laws in Oklahoma City, let’s take a closer look at the various terms included in that definition.
At Jacqui Ford Law, our criminal defense team helps individuals facing domestic abuse charges understand their rights, their options, and the legal process ahead. Our firm, led by seasoned advocate Jacqui Ford, provides straightforward guidance, strong defense strategies, and support when you need it most.
What Are the Terms Connected to Domestic Abuse?
Assault is the willful, unlawful threat of force, coercion, or other violence that could do someone harm. Essentially, assault occurs when you instill fear in someone that they will suffer harm if they don’t do what you ask.
Battery is the use of willful force or violence against another individual. Battery is often considered the completion of assault, meaning you follow through on the actions you previously threatened.
Now let’s look at the definition of the various individuals whose assault and battery could be considered domestic abuse.
Who Qualifies as an Intimate Partner?
An intimate partner is:
- A current or former spouse
- Someone from a current or previous dating relationship
- Biological parents of a child, even if they are separated or have never lived together
- Individuals who have lived together in an intimate way, generally classified as a couple who is affectionate toward one another or who has had sexual involvement
Family and Household Members
Family and household members include any of the following:
- Parents, including adoptive parents, foster parents, grandparents, or stepparents
- Children, grandchildren, adopted children, foster children, or stepchildren
- Any blood relatives or individuals related by marriage who are living in the same household
Oklahoma Domestic Abuse Punishment
Depending on the severity of the situation and whether the accused individual is a repeat offender, domestic abuse charges in Oklahoma may be classified as either misdemeanors or felonies.
A misdemeanor domestic abuse charge carries up to one year in jail and a maximum fine of $5,000.
Certain aggravating factors can elevate a first-time domestic abuse charge to a felony. In these circumstances, individuals found guilty may face up to four years in prison and fines of up to $5,000.
If you are charged with domestic abuse in the presence of a child, a first offense is a misdemeanor and may result in six months to one year in prison and fines of up to $5,000. Subsequent offenses in the presence of a child are charged as felonies, with potential penalties of one to five years in prison and fines up to $7,000.
Domestic violence against a woman who is pregnant can also affect the severity of the charge. A first offense is typically a misdemeanor. Subsequent offenses are felonies, and due to the pregnancy, penalties may include up to 10 years in prison. If the abuse causes a miscarriage or injury to the unborn child, penalties may increase to up to 20 years in prison. For these enhanced charges to apply, the accused must have been aware of the pregnancy at the time of the incident.
Regardless of whether it is a first offense, causing severe bodily injury results in felony charges and penalties of up to 10 years in prison. Severe bodily injury may include:
- Disfigurement
- Loss of a bodily function or body part
- Impairment of a bodily function or body part
- Organ damage
- Mental damage
- Fractured bone
- Serious risk of death
Strangulation or attempted strangulation is a felony in Oklahoma, regardless of prior offenses. Penalties include one to three years in prison and fines of up to $3,000. Subsequent strangulation-related charges may carry up to 10 years in prison and fines of up to $10,000.
Domestic Abuse Defense Strategies in OKC
Being charged with domestic abuse in Oklahoma City is a serious matter. Felony convictions can permanently alter an individual’s life, and misdemeanor convictions can still carry lasting consequences.
Building a strong criminal defense strategy is critical. Some defense approaches that may be explored with an experienced and knowledgeable Oklahoma criminal defense attorney include:
- Self-defense: Demonstrating that you were protecting yourself or your children from harm, supported by physical evidence or statements in police reports
- Accidental injury: Showing that the alleged harm was not intentional, as prosecutors must prove willful conduct
- Mistaken identity or alibi: Establishing that you were not the individual who inflicted the harm
Contact Jacqui Ford Law for Help With Your Case Today
If you are facing domestic abuse charges, you do not have to navigate this process alone. Our team is committed to protecting your rights and helping you move forward with clarity and confidence.
Schedule a free consultation with our team today to discuss your case and explore potential defense strategies.
FAQs
1. Is domestic abuse always charged as a felony in Oklahoma?
No. Domestic abuse can be charged as either a misdemeanor or a felony, depending on the circumstances and prior offenses.
2. Can a first-time domestic abuse charge result in jail time?
Yes. Even first-time misdemeanor charges may carry jail time and significant fines.
3. What if the incident was accidental?
Prosecutors must prove intent. If the injury was accidental, that may form the basis of a defense.
4. Does the presence of a child affect domestic abuse charges?
Yes. Domestic abuse in the presence of a child can increase penalties and lead to felony charges for repeat offenses.
5. Are strangulation charges treated differently in Oklahoma?
Yes. Strangulation or attempted strangulation is charged as a felony regardless of prior convictions.
6. How can Jacqui Ford Law help with a domestic abuse case?
Jacqui Ford Law provides experienced criminal defense representation, evaluates the facts of your case, and builds a defense strategy tailored to your situation.
