In Oklahoma, the heartache and turmoil that come with spousal abuse and domestic violence are recognized and addressed with the full weight of the law. Navigating the complex landscape of charges, from corporal injury to domestic battery, can feel overwhelming for those caught in such difficult situations. That’s where Jacqui Ford Law steps in.
Oklahoma-based domestic violence lawyer Jacqui Ford leads her team in providing guidance and support, helping to clarify the legal intricacies, and offering a beacon of hope to those accused of domestic violence cases.
What Does Corporal Injury Mean?
A corporal injury is a physical harm that was inflicted by force.
The amount of force does not matter. It also does not matter if the force was inflicted using a weapon or firearm. It does not matter whether the force caused a minor or a great bodily injury. All that matters is that the force produced a traumatic injury of some sort on the victim’s body.
It encompasses a wide range of physical harm, from minor injuries like bruises and cuts to more severe injuries like broken bones or internal injuries.
Examples of corporal injury can include:
- A broken bone
- A bullet wound
- A ligament sprain or a strained muscle
- A bruise
- A cut or a laceration
- Internal bleeding
- A concussion
Examples do not include:
- Post-traumatic stress from the violence
- Emotional distress
- Property damage
- Financial losses
- Physical contact that did not leave a mark or cause any physical internal injuries
What Is Spousal Abuse?
Spousal abuse, or domestic violence, is when someone uses abusive actions to control another person in a close relationship. This abuse can be physical, emotional, sexual, or financial.
In Oklahoma, the law protects people from domestic abuse in different ways.
The Protection from Domestic Abuse Act says domestic abuse is when one adult, emancipated minor, or a minor aged 13 or older causes or threatens to cause physical harm to another family member, someone they’re dating or have dated. This is covered under Okla. Stat. tit. 22 § 60.1.
The state’s assault and battery laws give a broader definition of who can be affected by domestic abuse, including:
- Current or former spouses
- Current spouse of an ex, or vice versa
- Parents and foster parents
- Children
- Relatives by blood or marriage
- Current or former dating partners
- Individuals who share a child
- Former or current housemates
What Is the Difference between Corporal Injury and Domestic Violence?
Corporal injury, as previously mentioned, refers to the deliberate infliction of physical harm upon a spouse, intimate partner, or child and is recognized as a specific criminal charge.
To charge someone with corporal injury, there must be physical harm, making it a more serious offense than other types of domestic violence that could include emotional, psychological, or financial harm but no physical injury. Therefore, the law sees corporal injury as a more serious crime, leading to stricter and heavier punishments if found guilty.
What Are the Charges for Corporal Injury?
In Oklahoma, corporal injury refers to the infliction of a physical injury on a spouse or intimate partner.
Violations of corporal injury laws in Oklahoma can result in serious legal consequences, including fines, probation, mandatory counseling, and jail time. The severity of the penalties depends on factors such as the extent of the injuries, the defendant’s criminal history, and whether any aggravating circumstances are present.
For a first offense, it is typically classified as a misdemeanor unless there are aggravating factors involved. Under these conditions, the accused may be subject to a maximum of one year in jail, a fine of up to $5,000, or both imprisonment and a fine.
If the incident is categorized as domestic abuse involving a family or household member, the stakes are higher: a misdemeanor charge for a first offense with up to one year in jail and a felony for repeat offenses.
Felony convictions can lead to sentences exceeding one year, substantial fines, or probation periods. Furthermore, being convicted of a felony might lead to the loss of specific rights, including firearm ownership, the ability to have custody of children, and employment opportunities upon background check.
What Are the Charges for Corporal Injury?
Defendants facing corporal injury charges in Oklahoma may have several defenses available to them, depending on the circumstances of the case. These defense strategies include:
- Claiming self-defense to justify the actions taken;
- Arguing intoxication, which might impact the intentionality of the act;
- Demonstrating that the victim did not suffer a traumatic condition as a result of the incident and
- Proving that the actions were accidental rather than deliberate.
Even if the allegations of corporal injury are not substantiated, this does not preclude the possibility of facing other legal consequences. For instance, if the evidence does not support a corporal injury charge, the accused might still be liable for assault or could face charges under the broader category of domestic violence, depending on the nature of the evidence and the circumstances surrounding the incident.
Do I Need a Lawyer for Help with Corporal Injury Laws?
If you are facing corporal injury charges in Oklahoma, it is crucial to seek the assistance of an experienced criminal defense attorney. A domestic violence lawyer in Oklahoma can answer your questions, help you understand your rights, navigate the legal process, and develop a strong defense strategy. They can also advocate on your behalf in court and work to achieve the best possible outcome for your case.
Contact Jacqui Ford Law Today
Understanding the differences between corporal injury and domestic battery laws in Oklahoma is essential for anyone involved in a domestic violence case. And seeking legal guidance from a qualified attorney is crucial for navigating these complex legal processes effectively and protecting your rights. Reach out to Jacqui Ford Law today to see how our team can help.
