When domestic assault happens in front of a minor child, the crime is treated much more seriously in Tulsa, Oklahoma.
Domestic assault and battery can be a cyclical pattern in a troubled relationship. Assault and battery in Oklahoma are two separate crimes that often occur together and are often charged together.
Oklahoma law defines domestic assault and battery as the threat (assault) of force or violence and the actual use of force or violence (battery) any member of the household including a spouse, a boyfriend or girlfriend, a former boyfriend or girlfriend, a roommate, parents, or a former spouse or their current spouse or partner. Okla. Stat. tit. 21 § 644
When that domestic assault or battery happens in the presence of a minor, the crime becomes a felony. That can happen when the child sees or hears the assault and battery, or when the perpetrator believes that the child is within the immediate area and may see or hear the act. In Oklahoma, a minor child is any child under the age of 18.
Penalties
Because the cycle of violence tends to repeat in a troubled relationship, penalties for this crime increase with subsequent convictions.
For example, the sentence for a first conviction may be six months to a year in jail or a fine of up to $5,000.
However, any subsequent conviction for domestic assault in the presence of a minor is punishable by one to five years in prison, a fine of up to $7,000, or both.
In addition, the judge can order that a defendant attend counseling anger management classes at the his or her expense as part of the sentence.
Other Situations in Which Domestic Assault Becomes a Felony
In contrast, a first conviction for domestic assault and battery is usually charged as a misdemeanor. But subsequent convictions and the presence of other circumstances can make the crime a felony.
Subsequent convictions are a felony punishable by up to four years in prison and a fine of $5,000.
Subsequent arrests and convictions are typical in domestic assault cases. If the prosecution can prove a pattern of abuse, you could face up to 10 years in prison, a fine of up to $5,000, or both.
If the assault occurs and the prosecution can prove that you had the intent to inflict bodily harm without a justifiable excuse using a sharp or dangerous weapon, the crime will be treated as a felony. You could face up to 10 years in prison if convicted.
A shooting of a domestic relation is also a felony under Oklahoma law, punishable by a life term in prison.
If the assault uses strangulation, the crime is a felony punishable by one to three years in prison or a fine of up to $3,000 for a first conviction. Subsequent convictions increase both prison time and possible fines.
Talk to your attorney. There is help out there. An experienced Tulsa assault and battery attorney can really help.
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