There are many different ways that the court may charge domestic violence in Oklahoma.
In general, the state of Oklahoma describes this charge as similar to assault and battery, but with an existing and familial relationship between the victim and the accused.
However, this does not mean that you must assault an accuser to be accused; your spouse may falsely accuse you of domestic violence for many reasons.
These charges are a serious matter, and when you are falsely accused of domestic violence in Oklahoma, you will need a team of experienced defense lawyers at your side to help clear your name. At Jacqui Ford Law, we are here to tell you everything you need to know when your spouse falsely accuses you of domestic violence in Oklahoma.
What is Considered Domestic Violence in Oklahoma?
For domestic violence charges in Oklahoma, there has to be some sort of relationship between the victim and the accused.
This could include:
- former spouse
- some sort of foster parent
- some sort of blood relative
- relative by marriage
- parent of a mutual child, etc.
Oklahoma’s domestic violence laws are found in the same statute as assault laws, but domestic assault and battery generally carries more serious charges: up to one year in jail and a fine of up to $5,000 for the first offense.
However, penalties for felony domestic abuse include:
- Second or subsequent conviction of domestic abuse: Maximum of 4 years in prison
- Second or subsequent conviction of domestic abuse of a pregnant woman: Minimum 10 years in prison
- Domestic abuse of a pregnant woman resulting in miscarriage: Minimum 20 years in prison
- Domestic assault and battery with a dangerous weapon: Maximum 10 years in prison
- Domestic assault and battery with a deadly weapon: Maximum life in prison
- Second or subsequent conviction of domestic assault and battery in the presence of a child: 1 to 5 years in prison
- Domestic abuse with prior pattern of physical abuse: Maximum 10 years in prison
- Domestic abuse by strangulation: 1 to 3 years in prison
So what should you do if you’ve been falsely accused of domestic violence?
1. Remain Calm After the Domestic Violence Accusation
When falsely accused of domestic violence, you may feel betrayed or upset- especially if these accusations come from somebody you formerly trusted, such as your spouse.
It would be easy to get angry, but you must remain calm and keep a level head. Resorting to anger may give validity to your spouse’s claim; try to keep yourself collected for the proceeding events.
While this may be an emotional time, you will want to proceed logically. You do not want your emotions to jeopardize your chance at freedom.
2. Consult And Hire An Oklahoma Defense Attorney
The next thing that you will want to do is consult a domestic violence criminal defense attorney to help clear your name.
If these accusations result in an arrest and trial, a defense attorney will help you prove your innocence, or even get the charges dropped due to a lack of evidence.
At Jacqui Ford Law, we are ready to help you in your fight against these false accusations. Do not hesitate to schedule a free consultation today.
3. Gather Evidence And Witnesses
As part of your domestic violence case, you will want to gather evidence and witnesses of your innocence.
In a court of law, a witness does not have to directly observe any crime; character witnesses may attest to the personality of the accused.
If you have anyone who can testify that you would never commit domestic abuse, now is the right time to ensure they are on your side in this fight.
4. Exercise Your Right To Remain Silent
If you are arrested for these false accusations of domestic violence, you must exercise your right to remain silent.
While you may want to clear your name with the arresting officers, your Miranda rights guarantee that anything you say can and will be used against you in a court of law. Your words may be twisted beyond their original meaning.
If an officer has arrested you over false accusations of domestic assault, you must remain silent and call your defense attorney.
This also means that you should refrain from reaching out to the person who accused you, or anyone in their social circle. Any contact could create problems for your case down the road.
Contact Jacqui Ford Law Today
No matter what reason your spouse may have for making false accusations of domestic violence, our team of defense attorneys at Jacqui Ford Law is ready to help you in your legal battle against these serious allegations. Contact us today to get started on your legal defense.