We think of assault and battery as one crime, but assault and battery is actually two different crimes that often occur together and are charged together in McAlester, Oklahoma. Domestic assault and battery in Oklahoma is a particular type of assault and battery.
Under Oklahoma law, an assault is a threat or attempt to use physical force against a person. (Okla. Stat. tit. 21 § 641) Battery is the intended use of force against another, causing that person harm or offense. (Okla. Stat. tit. 21 § 642) Assault is the threat, and battery is the contact.
Defining Domestic Assault and Battery in Oklahoma
Assault and battery and domestic abuse often go hand in hand. Domestic assault and battery in Oklahoma is usually charged as a misdemeanor crime.
Unfortunately, during domestic disputes it can be difficult for the police to sort out who the aggressor is, especially in the heat of the moment. That is one reason why you may want to hire an experienced McAlester criminal defense attorney as soon as possible. Your attorney can help sort out and present the facts to a judge, and that can help preserve your freedom.
Domestic abuse is an assault and battery against a current or former spouse or their former or current spouses, parents, a foster parent, a child, any person related by blood or marriage, a boyfriend or girlfriend, the other parent of your child, or a former or current roommate. (Okla. Stat. tit. 21 § 644) This list is quite comprehensive.
Domestic assault and battery in Oklahoma is punishable by imprisonment in the county jail for up to one year, and/or a fine of up to $5,000 for the first conviction.
However, subsequent convictions are treated as felonies and can be punished by up to four years in prison and a fine of $5,000.
If there is a provable prior pattern of abuse, the crime is chargeable as a felony and punishable by up to 10 years in prison and/or a fine of up to $5,000. In order to secure a conviction, the prosecutor must show that you committed physical abuse against the victim on three different occasions within six months of the incident that you are being charged with. (Okla. Stat. tit. 21 § 644.1)
Suspended and Deferred Sentences
A court may order a deferred or suspended sentence in domestic assault and battery cases under certain conditions. This allows you time and the ability to possibly engage in repairing the relationship.
A deferred sentence will allow a delay in the proceedings for up to 10 years without entering a judgment of guilt. It also allows the court to dismiss the case if you comply with all conditions ordered by the court. Possible conditions can include probation, community service, and/or counseling.
A suspended sentence allows you to serve some or your entire sentence on probation as long as you abide by all the rules set forth in your probation. These rules often include such pro-active remedies as couple’s counseling, substance abuse classes if relevant, and anger management classes.
Free Consultation: McAlester Criminal Defense Attorney
If you or someone you know has been accused of domestic assault and battery in Oklahoma, please contact a McAlester criminal defense attorney to discuss your available legal options.
Consult with an experienced attorney at the Wirth Law Office – McAlester today, by calling 918-302-9656.
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