Stillwater Lawyer BlogWhat Happens If Convicted Of Domestic Assault And Battery In The Presence Of A Minor In Oklahoma?

domestic assault and battery in the presence of a minor in OklahomaDomestic assault and battery in the presence of a minor in Oklahoma is an unfortunate reality in households locked in the cycle of domestic abuse. Unfortunately, children in a home hear the fighting and often witness the physical confrontations between their parents. Thus, families locked in this cycle often need help to break the cycle of abuse.

Also, children growing up in this environment are at a high risk of physical injury and becoming batterers themselves later in life. Often, they suffer from depression, anxiety, and post-traumatic stress disorder.

Simple Assault And Battery

Assault and battery in Oklahoma are actually two different crimes that occur together and can be charged together.

In Oklahoma, an assault is defined as a threat or attempt to use physical force against a person. Okla. Stat. tit. 21 § 641

Battery is defined as the intentional use of force against another person, causing that person harm or offense. Okla. Stat.  tit. 21 § 642

In a domestic situation, an assault may look like a man with his open hand raised and ready to slap his partner. The slap itself is the battery.

Domestic Assault And Battery In Oklahoma

Domestic assault and battery is assault and battery against a domestic relation. Also, while the crime occurs most often between partners, the law defines domestic abuse more broadly.

Thus, domestic assault and battery is defined as the threat or use of force or violence against a current or former spouse or partner or against their former spouses or partners; parents or foster parents; child; any blood or marital relation; boyfriend or girlfriend; child’s parent; or former or current roommate. Okla. Stat.  tit. 21 § 644

The list is long and is meant to include just about any living situation that you can imagine — including a physical fight between roommates.

Domestic Assault And Battery In The Presence Of A Minor In Oklahoma

Domestic assault and battery in the presence of a minor is punished severely in Stillwater, Oklahoma. Also, penalties escalate with each conviction.

You could spend six months to a year in jail for a first-time offense. Also, you could pay a fine of up to $5,000. Sometimes, a judge will assess a fine in lieu of incarceration.

However, a subsequent offense is a felony in Stillwater. Therefore, you could spend one to four years in prison, pay a fine of up to $7,000, or both.

You could spend even more time behind bars or pay higher fines if you use a dangerous or deadly weapon during a domestic assault.

Domestic violence is cyclical. Families need help breaking the cycle. Courts are just beginning to understand the longer-term ramifications for families; therefore, they are now more proactive about sending batterers to intervention programs as part of the penalty process.

Get The Help You Need

If you are locked in a cycle of violence, you need an advocate not only to navigate the legal system but also to use it to get the help you and your family need.

A deferred sentence allows the court to delay proceedings for up to 10 years without entering a judgment of guilt and to dismiss the case if the defendant complies with certain conditions ordered by the court. Intervention programs can be ordered as part of the conditions set by the court.  Also, the court may  order attendance at substance abuse meetings and classes in addition to probation and community service.

A suspended sentence allows the defendant to serve some or all of their sentence on probation as long as the defendant follows all the rules set in their case.

Hire an experienced Stillwater criminal defense attorney to help you in your time of need.

Free Consultation With A Stillwater OK Attorney

Wirth Law Office – Stillwater is here to help you when you need it the most.

We offer a free consultation with an experienced Stillwater OK attorney to help you defend your legal rights. Don’t try to handle your legal matter by yourself.

Call 405-673-1600 for a free consultation or submit a question through this website.

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