Domestic violence is essentially assault and battery. However, what elevates and A&B charge to one of domestic violence is the offender’s relationship to the victim. Despite popular belief, the relationship does not have to be one between a husband and wife/boyfriend and girlfriend/parent and child for assault and battery charges to become domestic violence charges. Domestic violence charges may be appropriate when violence occurs between family members or even roommates. Oklahoma already treats assault and battery charges strictly. However, the state is even more stern when violence occurs between members living in the same household, family members, or persons with a certain relationship. For this reason, if you were charged with domestic violence in Oklahoma, you should retain the help of an aggressive domestic violence lawyer in Oklahoma City right away.
Penalties for Domestic Violence in Oklahoma
As mentioned above, Oklahoma treats domestic violence much more sternly than it does assault and battery. In a typical assault and battery case, you would be looking at up to 90 days in county jail for a first-time conviction that does not involve serious bodily harm. For the same type of offense committed in a domestic setting, you would face up to one year in county jail. Even if you resolved your case via a plea that ends in probation, a fine, or probation without a conviction, if you were to acquire another A&B charge, the state would upgrade it to an enhanced felony charge.
In addition to up to one year in jail, the state may fine you up to $5,000 for a first time conviction. A second offense is punishable by up to four years in prison and a fine of up to $5,000. If the state believes you have a “prior pattern of physical abuse,” meaning you have three or more separate domestic abuse charges within a year span, then you are guilty of a felony, which is punishable by imprisonment of up to 10 years in prison and a fine of up to $5,000.
It is important to note that you do not have to be physically violent with someone to acquire domestic violence charges. Rather, you merely need to insinuate a physical threat. This alone is enough to be charged with domestic violence.
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The prosecution may let you off without jail time and simply implement protective orders. If you violate an order, the victim may contact the police and have you arrested. If you violate a protective order for the first time, the judge may sentence you to up to one year in jail and a $1,000 fine. A second or subsequent offense is punishable by between one and three years in jail and a fine of up to $10,000.
Contact an Oklahoma Domestic Violence Defense Lawyer Today
If you were charged with domestic violence in Oklahoma, retain the help of a knowledgeable Oklahoma City domestic violence defense attorney as soon as you are able. A conviction will most likely result in jail time and costly fines. Your best chance at mitigating a conviction begins with calling the law office of BDIW Law to schedule a private consultation.
