Domestic assault and battery are serious offenses that can have severe legal consequences. In Oklahoma, these crimes are taken very seriously, and understanding the different types of domestic assault and battery is essential.
Our seasoned criminal defense lawyers at Jacqui Ford Law understand that facing such charges can be overwhelming and stressful. They are committed to providing compassionate and robust defense strategies to help navigate the complexities of these allegations.
Jacqui Ford, our esteemed domestic violence advocate, provides a comprehensive guide to help you understand the various types of domestic violence in Oklahoma.
Definition of Domestic Assault and Battery in Oklahoma
Domestic assault and battery in Oklahoma are serious charges involving the intentional use of force or violence against a family or household member. This includes:
- Spouses
- Former spouses
- Dating partners
- Individuals who share a child
- Cohabitants
Oklahoma law categorizes these violent offenses into different types, with specific penalties for each. It’s crucial to distinguish between misdemeanor and felony charges. Here are the categories:
Category 1: Misdemeanors
- 1st Offense Domestic Assault and Battery – Attempting or using violence against a significant or substantial relationship partner.
- 1st Offense Domestic Assault and Battery in the Presence of a Minor – The same as above, but occurs in front of a minor.
- 1st Offense Domestic Assault and Battery of a Pregnant Woman – The same as above, with the knowledge that the woman is pregnant.
Category 2: Felonies
- 2nd Offense Domestic Assault and Battery – A repeat of the 1st offense, regardless of the victim or injury severity.
- 2nd Offense Domestic Assault and Battery in the Presence of a Minor – A repeat of the 1st offense in the presence of a minor, regardless of the victim or child involved.
- 2nd Offense Domestic Assault and Battery of a Pregnant Woman – A repeat of the 1st offense against a pregnant woman, with potential increased penalties if the unborn child is harmed.
Additional felony categories include:
- Domestic Assault and Battery by Strangulation – Involving asphyxiation, automatically charged as a felony.
- Domestic Assault and Battery Causing Great Bodily Injury – Involving severe injuries like fractures, disfigurement, or risk of death.
- Domestic Assault and Battery With a Dangerous Weapon – Involving the use of any object as a weapon.
- Domestic Assault and Battery With a Deadly Weapon – Involving the use of a legally classified deadly weapon.
A first-time offense misdemeanor can escalate to a felony upon subsequent offenses, regardless of the specific circumstances or injury severity. Other serious scenarios that automatically merit felony charges include:
- Domestic assault and battery resulting in great bodily harm.
- Repeat offenses in the presence of a child.
- Assault with intent to cause harm by strangulation or attempted strangulation.
- Assault with a sharp or dangerous weapon.
- Shooting within a domestic setting.
Understanding these distinctions and consequences is crucial for anyone facing such charges or involved in domestic situations.
What Counts as Domestic Assault and Battery in Oklahoma?
Domestic assault and battery in Oklahoma encompass a range of abusive behaviors within family or household contexts. Recognizing the different forms of abuse is crucial for victims and legal professionals alike.
- Physical Abuse: This includes hitting, punching, kicking, slapping, or any other physical act that causes bodily harm to a family or household member.
- Emotional Abuse: This type of abuse includes verbal threats, intimidation, harassment, and controlling behavior that causes emotional distress to the victim.
- Sexual Abuse: Sexual abuse involves any non-consensual sexual activity, including rape, sexual assault, and other forms of sexual violence.
- Financial Abuse: Financial abuse occurs when an abuser controls a victim’s financial resources, limits their access to money, or prevents them from working or attending school.
- Psychological Abuse: This type of abuse involves tactics such as gaslighting, manipulation, and degradation to undermine the victim’s mental health and self-esteem.
- Digital Abuse: With the rise of technology, digital abuse has become more
prevalent, including stalking, harassment, and monitoring through electronic devices and social media.
Understanding charges of Domestic Assault and Battery can be daunting. If you face such charges, you need an attorney with years of experience and proven results who can thoroughly gather the facts of your case to defend you effectively.
At Jacqui Ford Law, we are dedicated to providing strong and compassionate legal representation to ensure you receive the defense you deserve.
Oklahoma Laws and Penalties for Domestic Assault and Battery
In Oklahoma, domestic assault and battery are treated with significant severity and can be charged as either a misdemeanor or a felony, depending on the circumstances of the case.
Penalties can include the following:
- Fines
- Jail time
- Probation
- Mandatory counseling or anger management classes
Repeat offenders or those who cause serious bodily injury may face harsher penalties, reflecting the state’s commitment to addressing and curbing domestic violence.
Seeking Help for Domestic Violence Victims in Oklahoma
If you or someone you know is experiencing domestic violence in Oklahoma, support is available. The Oklahoma Safe Line at 1-800-522-7233 offers confidential assistance and information for victims. Local shelters and organizations also provide safety planning, counseling, and legal advocacy resources.
Contact Jacqui Ford Law Domestic Violence Lawyers Today
Domestic assault and battery are severe offenses with significant consequences. It’s crucial to understand the various forms of domestic violence and know where to get help. If you or someone you know is affected by domestic violence, do not hesitate to seek assistance to get your questions answered. Contact us at 405-604-3200 to schedule a free initial and confidential consultation.
