Dont Talk On The Jail Telephone
Once you get arrested youll be placed in custody. Youll be taken to the Jail in the County where the alleged crime took place. If its in Tulsa youll be booked in to David L. Moss. Once you get dressed out youll be taken to the pod that youre assigned to. At this point you will be allowed to make phone calls to your loved ones.
Dont get on the phone and start apologizing to family and friends. The trauma can be overwhelming and the desire to apologize for things that you didnt do will be great. Remember that every phone call you make from jail is being recorded and listened to. Before the case gets to Court the District Attorneys office will listened to your calls. If you make statements that make you sound guilty, even if they were made out of jest, they will be used against you. A simple statement of remorse for whats happened can be twisted in to a confession.
Is It Considered A Violent Offense
Well, by its very name it must be deemed violent because its violent domestic violence. However, its not violent for the purposes of whether youre considered a violent offender in the state of Oklahoma.
To put it briefly, do you have to register as a violent offender on the Violent Offender Registry? No.
However, it is a violent offense for other reasons. For people who are looking at an application for you to rent from their rental property, domestic violence charges can, and oftentimes do, prohibit you from having access to that rental property. People will just say, No. Were not doing it.
If you are currently renting, and you are charged with domestic violence, and the police have been called out to your apartment complex because of a domestic violence issue, in many leases you will find a term that says they can terminate you, and everyone whos in that house, if you return after a domestic violence case.
Employers look at domestic violence with a special eye, oftentimes, too. And its very likely that you could risk being fired from your job based upon a plea or conviction for domestic violence.
Domestic Abuse Counseling Options Available In Oklahoma
Defendants can take some steps to get a head start on probation requirements and potentially improve the plea deal. These include classes and counseling.
Batterers Intervention Program
A mandatory condition of a suspended sentence or probation for domestic abuse crimes is that the defendant participates in counseling or undergo treatment for domestic abuse by a counselor. This program is known as the Batterers Intervention Program . Its a 52-week course with one session per week. The cost is generally $20 a session. Three unexcused absences in succession or seven unexcused absences in a 52-week period is considered a violation of conditions of probation. If you have too many absences, then you will be kicked out of the class and have to start all over. Failure to attend the classes could result in a conviction, jail, or prison.
In addition to BIP, some counties require that prior to attending BIP, the defendant must undergo either a mental health evaluation or a domestic violence inventory. These evaluations can range from $150 to $250. I get my clients who are charged with domestic abuse into BIP as soon as possible. I provide them a list of locations that offer BIP and the various evaluations.
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Additional Information On Penalties For Domestic Violence In Oklahoma
An enhancement for a misdemeanor domestic violence charge means other issues can automatically bump you up to a felony. If the domestic violence and assault and battery involves strangulation, the charge is enhanced to a felony. If its done in the presence of a minor, if its your first time, it is still considered a misdemeanor, though it raises the range of punishment from 0 up to 6 months in jail. If it involves great bodily injury, if it involves a dangerous weapon or a deadly weapon, then all of those can be automatically charged as felonies and carry significantly more time in prison.
Can Counseling Make A Difference In Regard To Domestic Violence In Oklahoma City
Yes. If counseling sessions are voluntarily started as soon as possible, it will give your lawyer a bit more to bargain with when it comes time to argue about punishment with a prosecutor or judge. Attending counseling sessions shows goodwill and an intention to voluntarily correct the situation and prevent it from happening again.
For more information on Domestic Violence Charges In Oklahoma City, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling today.
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Assault And Battery By Strangulation
Strangulation is one of the most common forms of domestic assault and battery. Unfortunately, it is also one of the most lethal. Strangulation victims are much more likely to die than victims of other types of domestic assault and battery.
When an argument becomes physical, brute strength is often used against the partner or another household member. And hands and fists are often the tools of choice because they are readily available.
The law states that a person who commits an assault and battery with intent to cause great bodily harm by strangulation or attempted strangulation against an intimate partner or a family or household member, can be charged and convicted of domestic assault and battery by strangulation.
For the purposes of this law, strangulation is defined as any form of asphyxia including, but not limited to, asphyxia characterized by:
- the closure of the blood vessels or air passages of the neck as a result of external pressure on the neck or
- the closure of the nostrils or mouth as a result of external pressure on the head.
Okla. Stat. tit. 21 § 644
Domestic Abuse In The Presence Of A Child Elements
Oklahomas laws on children have sought to protect children from domestic crimes. Therefore, when a child sees or hears domestic abuse, the state enforces strict punishments upon violators.
The elements of domestic abuse in the presence of a child are similar to regular domestic abuse. Wilful and unlawful attempts to apply force or violence upon the household members or intimate partners in the presence of a child. Okla. Stat. tit. 21 §§ 644,,
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Defenses To Assault And Battery
As you can see, the elements for the various assault related charges are similar. So the Defenses that we would explore would involve looking at potential weaknesses in any of these elements.
- It was not an intentional act, in other words, it was an accident,
- You had a lawful justification for using force, for example, self defense,
- There was no weapon involved,
- There was no force or violence,
- Someone else committed the crime,
- There was no relationship that fits the element,
- Nothing happened,
- You were not even there,
- You did not intend to harm the person, etc.
If you have been charged with an Assault Crime, contact Fassio Law today by phone or e-mail so that we can help you! 405-593-8444 or email@example.com
Serving the OKC Metro Area: Oklahoma County , Cleveland County and Canadian County
What Is Domestic Assault In The Presence Of A Minor
Domestic assault and battery is an assault and battery committed on a member of the household. A member of the household includes: a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship, an individual with whom the defendant has had a child, or a person who formerly lived or currently lives in the same household as the defendant. Okla. Stat. tit. 21 § 644C
A child or minor is any person under the age of 18 regardless of his relation to anyone involved in the crime.
An assault and battery that takes place in the presence of a minor requires the physical presence of a child or the alleged perpetrator of the domestic assault having knowledge that a child is present and may see or hear the act. Okla. Stat. tit. 21 § 644H
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Free Consultation: Oklahoma City Criminal Defense Attorney
Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience. He has the wit and tenacity to match the skill of the Oklahoma City prosecutors.
For a free consultation with an Oklahoma criminal defense attorney, call Wirth Law Office Oklahoma City at 405-888-5400.
You can also submit an email question from the top right corner of this page. We will respond to all questions as soon as possible.
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Assault And Battery Defense Lawyer
A simple disagreement can lead to misdemeanor or felony criminal charges if an argument devolves into threats or violence. Often, a person may be charged with assault or domestic assault and battery even if he or she believed that physical force was an act of self defense. While Oklahoma law does give people the right to defend themselves against the threat of physical harm, the use of force must be considered reasonable in order to be justified. Physical violence outside of these parameters may be criminally charged.
Furthermore, an assault arrest is often made based on an officer’s best judgment in the aftermath of a fight where emotions continue to run high. In the face of conflicting testimony, police may arrest the wrong person – the one with the fewest visible injuries or the one who has the misfortune to tell his or her side of the story second.
Regardless of whether you acted lawfully in using force against another person or whether you let your anger get the better of you, a skillful defense attorney can handle your assault case for the best possible outcome.
Being Found Guilty Of A Domestic Violence Charge In Oklahoma
If, during any of these charges, you are found guilty, youre required under Oklahoma statute to engage in a 52-week batterers intervention course. This includes being found guilty:
- In the course of a trial
- If you receive a deferred sentence
In any domestic violence situation where youre charged and sentenced, you have to take part in this domestic violence course for an entire year.
This is important because that is a stringent probationary requirement. Theres no other law in the state of Oklahoma that requires mandatory one-years worth of classes for any other action. The 52-weeks batterers intervention course is not an option. It is mandatory. And theyre not very tolerant of absences theyre pretty serious about you starting it and completing it with the same groups of folks you started it with.
So its important to know if youre going to enter a plea that you might want to start enrolling in those classes early. If you start engaging in those classes, you learn the skills and tools necessary to be able to better deal with better conflict within the home environment. And that helps your defense attorney assist you in negotiating a better deal on your behalf.
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Domestic Abuse With A Prior Pattern Of Physical Abuse
Ifa defendant commits the crime of domestic abuse and the prosecution canprove he has a “prior pattern of physical abuse,” the crime will be afelony punishable by up to ten years in prison or a fine up to $5,000,or both. The evidence must show thatthe defendant committed physical abuse against a domestic victim aslisted above in three different instances within six months of the dateof the incident for which he has been charged. The previous incidentsneed not have resulted in arrests or convictions, but the evidence ofthe prior acts must be something other than testimony from the victim inthe case in which the defendant is charged.
Domestic Abuse Resulting In Great Bodily Injury
Domestic abuse resulting in great bodily injury is a felony that carries a punishment of up to ten years in the Department of Corrections. Great bodily injury means bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or substantial risk of death.
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What Is Family Violence
An experience with violent or abusive conduct during a divorce can expose a person to a wide range of new concepts and legal contingencies. Some terms have particular meanings under the law, while others describe well-recognized circumstances in conflicted families.
Family violence and domestic violence describe approximately the same things. Neither has a precise definition, per se, under Oklahoma law. However, domestic relationships that qualify for additional protection from violence or abuse are described under Oklahoma law. Those include family relationships, extended family relationships and non-family relationships with household members or dating partners.
If you wonder what is the difference between domestic violence and family violence, that is it domestic violence can involve others beyond a direct family member. Violence against the dating partner of a former spouse, for example might be domestic violence domestic assault and battery in Oklahoma law. We could say all family violence is domestic violence, but some domestic violence might not be considered family violence.
Consequences Of Domestic Violence Or Abuse In Oklahoma Divorce
A divorce with domestic violence involved can be complex and sometimes even dangerous. Domestic protective orders afford legal protection but physical safety can be a concern. Complying with court rules for divorce and child custody cases can conflict with the need to maintain safe distance from a conflicted individual.
Our advice in divorces involving family violence is particular to each set of facts. As divorce attorneys in Tulsa, Ok. we have represented clients seeking protection from a spouse, and defended clients wrongly accused of spousal abuse or family violence. Our universal advise in these matters is to stay safe, avoid violence and get an attorney.
Consequences of domestic abuse or allegations of abuse in a divorce can include:
- Protective orders, sometimes mutual,
- Criminal domestic violence allegations or charges, sometimes mutual,
- One spouse asking the court to require supervised visitation by the other spouse,
- Statutory obligations that the court limit child custody of an abusive parent,
- Oklahoma DHS Child Welfare Services intervention,
- Emergency removal of children from home of one or both spouses.
Have You Been Charged With A Domestic Assault And Battery Crime In The Tulsa Ok Area
If you or a loved one has been charged with domestic assault & battery in the Tulsa, Oklahoma area you need to speak with an experienced criminal defense attorney as soon as possible. Please contact us online or call 913.384.0850 for your free consultation. We are proud to serve Tulsa and all surrounding areas.
Get Help Now
Tulsa Domestic Assault Attorney
Domestic Assault Charges in Oklahoma can be overwhelming. With help from the skilled domestic assault and battery team at Kania Law Office, it is possible to fight the charges against you. You have options that can keep you out of jail and to potentially get the case dismissed and we can help get you there. Call today for a free consultation by calling at 918-743-2233 or simply fill out our online contact form.
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Felony Domestic Assault And Battery With A Deadly Weapon
Any person who, without such cause, shoots a current or former spouse, a present spouse of a former spouse, a parent, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant, by means of any deadly weapon that is likely to produce death shall, upon conviction, be guilty of domestic assault and battery with a deadly weapon which shall be a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life.
Oklahoma Domestic Violence Lawyers In Tulsa
The knowledgeable domestic violence and violation of protective order attorneys at Tulsa Divorce Attorneys and Associates Law Officeare experienced in domestic abuse cases in Oklahoma. We can help you deal with the legal and emotional issues in any domestic violence case, especially those involving minor children. For more information about how our Oklahoma lawyers can help you, or contact us online.
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Punishment For Domestic Violence In Oklahoma
Domestic abuse charges can be misdemeanors or felonies. Whether its a misdemeanor or a felony depends on how many times someone has violated the statute and the presence of any aggravating factors. Aggravating circumstances can make a first-time offense a felony, and they can increase the severity of the punishment for a second or subsequent offense.
A first-time domestic abuse case that does not have any aggravating factors will generally be charged as a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $5,000.
A second or subsequent instance of domestic abuse is a felony. Punishment can be up to four years in the Department of Corrections. The maximum fine is $5,000.