Being charged with domestic violence is a serious accusation, and should not be responded to lightly.
No matter the particulars of the charges, if you have been accused of domestic violence you should contact a Kingfisher, Oklahoma Criminal Defense attorney immediately.
With the assistance of a knowledgeable criminal defense attorney who possesses experience in domestic violence cases—like those at Jacqui Ford Law—you will have the best chance of fighting your charges. We know the system isn’t always in favor of those who need to be listened to and believed even when things are genuinely unjust. That’s why we work hard to defend our clients from a tide that’s already pushing against them.
– Timothy L.
What Defines Domestic Violence in Kingfisher, Oklahoma?
In Kingfisher, Oklahoma, the classification of charges differs between domestic violence and simple assault and battery based on the individuals involved.
In the case of domestic violence charges, a connection must exist between the victim and the accused. This requirement even applies to individuals who are currently residing in the same household, irrespective of any familial ties.
This distinction is due to the fact that domestic abuse necessitates a pre-existing relationship before the occurrence of the crime. Such relationships can include:
- Spouse
- Former spouse
- Boyfriend or girlfriend
- Parent
- Foster parent
- Child
- Blood relative
- Relative by marriage
- Parent of a shared child, and so on.
What are the Penalties for Domestic Violence in Kingfisher, Oklahoma?
In Kingfisher, Oklahoma, the laws pertaining to domestic violence are encompassed within the same statute as assault laws. However, charges for domestic assault and battery generally carry more severe consequences, with a potential sentence of up to one year in jail and a fine of up to $5,000 for the initial offense.
Nevertheless, certain factors associated with the offense or multiple convictions for domestic violence can swiftly elevate it to a felony offense.
The penalties for felony domestic abuse encompass the following:
- Domestic abuse of a pregnant woman resulting in miscarriage: Minimum sentence of 20 years in prison.
- Domestic assault and battery with a dangerous weapon: Maximum sentence of 10 years in prison.
- Domestic assault and battery with a deadly weapon: Maximum sentence of life in prison.
- Domestic abuse with a prior pattern of physical abuse: Maximum sentence of 10 years in prison.
- Domestic abuse by strangulation: Sentence ranging from 1 to 3 years in prison.
Is Verbal Abuse Considered a Criminal Offense in Kingfisher, Oklahoma?
In Oklahoma, under §21-843.2: “No caretaker shall verbally abuse any person entrusted to the care of the caretaker, or knowingly cause, secure, or permit an act of verbal abuse to be done. Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor.”
It’s important to note that in the state of Oklahoma, verbal abuse is classified as a crime only within a caretaking capacity. Consequently, verbal abuse alone is not categorized as domestic violence. However, this does not diminish the significance of such an accusation.
Verbal abuse is frequently considered a precursor to domestic violence, and oftentimes, the two are interconnected. Therefore, although verbal abuse may not be legally classified as domestic violence, it should be treated with utmost seriousness.
21843.2 defines verbal abuse the following way: “Verbal abuse means the repeated use of words, sounds, or other forms of communication by a caretaker, including but not limited to, language, gestures, actions or behaviors, that are calculated to humiliate or intimidate or cause fear, embarrassment, shame, or degradation to the person entrusted to the care of the caretaker.”
A Kingfisher, Oklahoma caretaker can be “punished by imprisonment in the county jail for a term not to exceed one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.”
While this law only applies to caretakers – it doesn’t mean that the law doesn’t pertain to domestic violence cases. Since assault and battery are often accompanied by verbal abuse, a noted history of abuse can strengthen a case.