Domestic battery or domestic battery and battery with a dangerous weapon is a felony punishable by up to one year in jail or up to ten years in prison. In Oklahoma, battery and battery against a person with whom you have or had a relationship can be considered domestic abuse. If the charge is your first offense and there were no aggravating factors, it will generally be charged as a misdemeanor. However, following your second offense or if there were aggravating factors, you may face a felony domestic abuse charge.
Domestic battery and battery with a dangerous weapon or domestic battery with a dangerous weapon are felony domestic violence crimes in Oklahoma. Domestic battery and battery with a deadly weapon are a felony with a possible sentence of life in prison. The second charge that is specific to a victim is called aggravated assault and battery. Aggravated battery and battery is a felony charge that can be filed if the alleged battery and battery occurred against a victim who is older or incapacitated.
This can be an elderly person, someone with physical or mental disabilities, or someone who is unconscious. This felony charge carries up to five years in prison. A domestic violence charge can become a felony in several ways. First, if you have been convicted or have had a probation period for a domestic violence offense in the past 10 years, then a new charge can be prosecuted as a felony.
A felony conviction can result in imprisonment, especially if you have previous convictions or some type of criminal record. Even if you had a misdemeanor domestic violence charge that was later dismissed after completing a probation period, it can be used against you for 10 years to turn any new domestic violence charge into a felony. Any person convicted of domestic abuse committed against a pregnant woman with knowledge of the pregnancy shall be guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than one (year). Any person convicted of a second or subsequent crime of domestic abuse against a pregnant woman with knowledge of the pregnancy shall be guilty of a felony, punishable by imprisonment in the custody of the Department of Corrections for not less than ten (years).
Any person convicted of domestic abuse committed against a pregnant woman with knowledge of the pregnancy and that a miscarriage occurs or an injury to the fetus occurs shall be guilty of a felony, punishable by imprisonment in the custody of the Department of Corrections for not less than twenty (20) years. Any person convicted of domestic abuse, as defined in subsection C of this section, who causes extensive bodily injury to the victim shall be guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for no more than ten (years), or imprisonment in the county jail for no more than one (year). The provisions of Section 51.1 of this title shall apply to any second or subsequent conviction for violation of this subsection. B, A program for anger management, couples counseling, or family and marriage counseling will not only qualify for the domestic abuse counseling or treatment requirement pursuant to this subsection.
Counseling may be requested in addition to specific counseling for the treatment of domestic abuse or by evaluation as set out below. If, after sufficient evaluation and attendance at the required counseling sessions, the domestic violence treatment program or a licensed professional determines that the defendant does not evaluate as a perpetrator of domestic violence or if he evaluates as a perpetrator of domestic violence and must complete other treatment programs concurrently with or prior to treatment of domestic violence, including but not limited to programs related to mental health, apparent substance or alcohol abuse, or inability or refusal to control anger, the defendant will be ordered to complete counseling in accordance with the recommendations of the licensed domestic or professional violence; B, The court shall set a second review hearing after completion of counseling or treatment to ensure the defendant's assistance and compliance with the provisions of this subsection and domestic abuse counseling or treatment requirements. The court will retain continued jurisdiction over the defendant for the course of the ordered counseling until the final review hearing; the defendant may be required to pay all or part of the cost of the counseling or treatment, at the discretion of the court. As used in subsection G of this section, in the presence of a child means in the physical presence of a child; or having knowledge that a child is present and can see or hear an act of domestic violence.
For the purposes of subsections C and G of this section, a child may be any child, whether or not related to the victim or the accused. No fees or costs will be charged to any victim of domestic violence, stalking, or sexual assault in connection with the prosecution of a crime of domestic violence, stalking, or sexual assault in this state. During the prosecution of any charge of domestic abuse, stalking, harassment, violation, or violation of a protective order, the prosecutor will provide the court, prior to sentencing or any plea agreement, a local history and any other available history of the defendant's previous convictions within the last ten (years) related to domestic abuse, stalking, harassment, rape, violation of a protective order, or any other misdemeanor or violent felony conviction. Any guilty plea or conviction for a violation of subsection C, F, G, I, or J of this section shall constitute a conviction of the offense for the purpose of this act or any other criminal law under which the existence of a prior conviction is relevant for a period of ten (years) after serving any probationary period imposed by the court; provided that, in the meantime, the person has not been convicted of a misdemeanor involving moral turpitude or a felony.
For the purposes of subsection F of this section, serious bodily injury means bone fracture, prolonged and obvious disfigurement, prolonged loss or impairment of function of a body part, organ, or mental faculty, or substantial risk of death. Any plea of guilt or nolo contendere or conviction for a violation of any provision of this section shall constitute a conviction for the offense for the purposes of any subsection of this section under which the existence of a prior conviction is relevant for a period of ten (years) after the completion. of any judgment or probationary period imposed by the court. If you are accused of knowingly assaulting a woman who is pregnant and she suffers a miscarriage as a result of her injury, then you would be charged with felony domestic violence.
The court shall schedule a second review hearing after the completion of counseling or treatment to ensure the defendant's assistance and compliance with the provisions of this subsection and the requirements for domestic abuse counseling or treatment. The court may stay the defendant's sentence until the defendant has provided the court with evidence of enrollment in a domestic abuse treatment program by an individually licensed professional or a domestic abuse treatment program certified by the Attorney General and attendance at sessions. weekly programs of said program. That means they won't dismiss a domestic violence case, even if the victim tells them they don't want the defendant prosecuted.
In any domestic violence situation where you are accused and convicted, you must participate in this domestic violence course for an entire year. A second count of domestic violence will most likely result in a felony charge in the state of Oklahoma. Often, domestic violence cases are transferred to state courts because they carry additional obligations, rather than simple assault and battery. Shooting a domestic relationship is also a felony under Oklahoma law, punishable by life in prison.
Assault is an intentional and unlawful attempt or offer with force, coercion or violence to cause bodily harm to another person. Most divorce lawyers I know should know that they don't want to mess with domestic violence accusations. However, the prosecutor sometimes dismisses a domestic violence case despite a “do not dismiss” policy. Domestic abuse that results in serious bodily injury is a felony that carries a penalty of up to ten years in the Department of Corrections.
A domestic abuse charge, by itself, does not imply any requirement that the defendant not contact the reporting witness (also known as the “victim”). For more information on domestic violence misdemeanor &, contacting an Oklahoma criminal defense attorney is your next best step. . .
