OKC Domestic Violence Defense Attorneys

There is no question that domestic violence is a serious issue in Oklahoma with our state ranking among the highest annual reports of domestic violence with over 20,000 events a year. However, in many instances alcohol and high emotions result in events and stories being blown out of proportion. Oftentimes one or both parties to an alleged domestic violence situation in Oklahoma have far different memories of the event than the night before when police are involved. 

Unfortunately, once police get involved in domestic violence allegations, it often will result in one party being arrested and prosecuted for domestic violence in Oklahoma. District Attorneys can and often do file charges, even after learning that the complaining witness or victim of domestic violence has changed their story and does not want the other party to be prosecuted. If you or a loved one has been arrested for domestic violence allegations in Oklahoma, it is crucial to hire an experienced domestic violence defense attorney to fight for your case. 

Contact Cannon & Associates by completing the CONTACT FORM ON THIS PAGE or CALL NOW 405-883-4427 for a free confidential case strategy meeting and to have your questions answered about your Oklahoma domestic violence case.

Free Resources from OKC Domestic Abuse Defense Attorneys: 

Have you or a loved one been arrested in Oklahoma City? Are you concerned about your future following arrest for domestic assault in Oklahoma? Our team of Your Fierce Advocates® at Cannon & Associates is led by Army Veteran, John Cannon, and we’re privileged to fight for client’s rights and freedom in Oklahoma criminal defense cases. Please review our other FREE RESOURCES until we can answer your specific Oklahoma criminal defense questions:

Have You Been Arrested for Domestic Violence in Oklahoma?

Have you been arrested for domestic violence in Oklahoma? Have you or a loved one been charged with domestic violence? Time is of the essence in your domestic violence defense. Your Oklahoma City domestic violence defense attorney and investigator need to gather evidence and speak to witnesses in your case before information and evidence that will support your defense is lost. A lawyer can stop the police from contacting you directly. 

An experienced Oklahoma domestic violence defense attorney can immediately begin investigating your case and speaking to witnesses, including the “victim” in your domestic violence case. If you want to get this resolved so you can go back to living your life, CALL NOW at (405) 972-8604. We’re available 24 hours a day, and 7 days a week to schedule a Free Case Planning Session to understand your options and rights in your Oklahoma domestic violence case! 

What is the First Step to Take After being charged with Domestic Abuse?

The first and most important step after being charged with any domestic violence offense in Oklahoma is to identify and hire an excellent domestic violence defense lawyer. Unfortunately, many defense attorneys do not conduct an investigation for their clients and simply review the evidence obtained by police at the scene of the arrest and then argue with the prosecutor for a good plea deal. 

Your Fierce Advocates® at Cannon & Associates cannot stand simply accepting the case as police perceive it at the scene. There are two sides to every story and we are dedicated to finding your story and presenting a compelling defense with witnesses and evidence to support your defense and fight your case. We cannot have every client’s case dismissed; however, we will always begin our fight for you with dismissal of all charges in mind. Only when we know that it is not possible to have your case dismissed will be discuss plea options or different potential outcomes to your case. 

What can an Oklahoma Domestic Violence Defense Lawyer do for Me?

If you or a loved one has been accused or arrested for domestic violence in Oklahoma, you need an experienced Oklahoma domestic violence lawyer on your case. Domestic violence cases in Oklahoma are fact intensive and prosecutors are left with the initial incident report from the scene in most Oklahoma domestic violence cases. An experienced Oklahoma domestic violence attorney can conduct an investigation to present a complete picture of the facts and witness testimony that would otherwise not be available to the prosecutor. 

Our Fierce Advocates® at Cannon & Associates have handled countless domestic violence cases and have experience in speaking to victims and witnesses in difficult situations including domestic violence allegations. Our OKC domestic violence defense attorneys will investigate your defense with the assistance of our investigator and present the most compelling evidence to the prosecutor to seek dismissal of all charges. 

Our owner and founder is an Army combat veteran and former domestic violence prosecutor. He and our entire domestic violence defense team know what prosecutors are concerned with and work to identify a path to resolution in your case that everyone can accept. Most domestic violence prosecutors are concerned with escalation, meaning a subsequent domestic violence incident will happen and it will be more serious, potentially involving domestic strangulation or even homicide. 

Our domestic violence defense attorneys will evaluate all the factors in your case and the relationship at issue and present a course of action to resolve the conflict, which is assisted by the fact that the other half of our law firm practices family law and deals with the dynamics of intimate relationships every day. Your Fierce Advocates® at Cannon & Associates are ready to meet with you and discuss your Oklahoma domestic violence case and present you with a plan of action to achieve your goals in your domestic violence case. 

What is Domestic Abuse in Oklahoma? 

Oklahoma law defines domestic abuse as an act of physical harm or threat of imminent physical harm with one of the following relationships between the parties: domestic partner, intimate partner, family member, or household member. In Oklahoma the aggressor and the victim of domestic violence may have any of these relationships and the act will qualify as domestic violence. However, all other allegations of violence in Oklahoma fall outside of the domestic abuse statute and will be prosecuted based upon the underlying offense, i.e. assault and battery or assault and battery with a dangerous weapon.   

What Crimes are Domestic Abuse in Oklahoma?

As stated above, domestic abuse or domestic violence in Oklahoma is based upon the relationship between the parties and the allegation of what actually occurred. Your Oklahoma domestic violence defense lawyer may be able to have your charges amended to a less serious non-domestic violence charge, if they can prove that you and the victim do not have a qualify relationship or that a lesser included charge is more appropriate in the situation, if the criminal case cannot be dismissed. There are a wide variety of crimes that qualify as domestic abuse in Oklahoma; however, all Oklahoma domestic violence crimes fall under one of the following categories: 

  • Spousal Abuse 
  • Dating Violence
  • Child Abuse
  • Sexual Assault
  • Stalking
  • Harassment
  • Violation of Protective Order

How are First-time Domestic Violence Offenses Charged in Oklahoma?

In most instances a first-time domestic violence offense is charged as a misdemeanor, which carries up to one year in county jail, a substantial fine, and strict probation terms, if probation is granted. Depending upon the office prosecuting your domestic violence case and the facts, you may be facing a conviction and jail-time on your first-time domestic violence offense in Oklahoma. Even if the domestic violence prosecutor on your case is not seeking a conviction or jail time, it is important to seek a dismissal of your domestic violence charges if possible.

Your Fierce Advocates® and OKC domestic violence attorneys at Cannon & Associates work with you hand-in-hand to ensure we have a clear understanding of your situation and determine whether a path to dismissal of your charges exists. When we are unable to get your domestic violence case dismissed by agreement with the prosecutor, we are left to seek dismissal from the court, a domestic violence jury trial, or a plea agreement with the prosecutor. 

If your first-time domestic violence case cannot be dismissed, it is very important to avoid a conviction. Misdemeanor domestic violence in Oklahoma is a predicate offense, which means a second or subsequent domestic violence charge will be filed as a felony, even if the facts are rather minor. The Oklahoma State Bureau of Investigations (OSBI) routinely reports that more than 60% of the domestic violence charges in Oklahoma are felony cases, which is largely based on the fact that domestic violent is a predicate offense in our state. 

How Can I Avoid Felony Domestic Violence Charges?

Our OKC domestic violence defense attorneys will evaluate the facts and evidence in your domestic violence case, including our own independent investigation. Our domestic violence defense team will present the information we uncover to you and advise you whether or not we believe the prosecutor can make their felony domestic violence case against you. 

In many domestic violence cases, the facts are not what they appear after a second look and we capture this information to present as your defense to the prosecution on your domestic violence case. Oftentimes, if we are unable to convince the prosecution to dismiss your Oklahoma felony domestic violence case, we are able to obtain reduced charges. When your felony domestic violence charges are reduced to a misdemeanor offense, it makes it a less serious outcome, including the opportunity to avoid serious probation costs and fees, along with the risk of prison that comes from any felony offense. 

The following are the types of felony domestic violence crimes that you may be prosecuted for in Oklahoma. Each offense has particular elements and evidence, which the prosecution must be able to present to a jury or a judge in order to obtain a conviction or prove your guilt of the specific domestic violence offense charged:

When you work with an experienced Oklahoma City domestic violence defense attorney you will have a much better understanding of what you are facing in your felony domestic violence case, as well as have clarity on all of your options at every step of your Oklahoma domestic violence case. Our OKC domestic violence defense attorneys will listen to you and your goals, then work with you on developing a strategy to achieve the outcome you are seeking in your domestic violence case.

Are there Aggravating Factors in Oklahoma Domestic Violence Crimes?

Yes, in addition to predicate offenses making simple domestic assault and battery a felony charge, aggravating factors can also raise a simple misdemeanor domestic violence case to a felony domestic violence charge. The following are aggravators that can raise a simple domestic violence charge to felony domestic violence in Oklahoma:

  • Domestic abuse involving a child
  • Domestic abuse involving great bodily injury, i.e. Domestic Abuse by GBI
  • Domestic abuse against a pregnant woman
  • Domestic abuse with a prior pattern of abuse
  • Domestic abuse involving a dangerous or deadly weapon
  • Domestic abuse by strangulation 

Domestic violence charges in Oklahoma are very fact intensive. As stated above, when your Oklahoma City domestic violence defense attorney is able to show the domestic violence prosecutor that the aggravating factor or factor making the case a felony does not exist, it can result in your domestic assault case being dismissed or the charge being reduced to a misdemeanor. 

All felony domestic violence charges in Oklahoma carry prison time; therefore, it is a risk with any Oklahoma domestic violence felony case. However, Your Fierce Advocates® at Cannon & Associates will fight for your future and help you build a strategy to avoid a felony, if at all possible. 

Why Hire an Experienced Oklahoma Domestic Violence Defense Attorney?

You always have choices in your criminal case, even when facing felony domestic violence charges. However, when you work with a less than excellent criminal defense attorney, you may not know or understand your options at each phase of your domestic violence case. The circumstances of your case can quickly escalate as can the risk of prison time, as opposed to dismissal or a plea agreement. 

When you work with an experienced OKC domestic violence defense firm, such as Cannon & Associates, you will always have access to your legal team and you will always be in the know about your options and what the road ahead looks like in your specific circumstance. We use our years of experience and representing hundreds of clients facing the spectrum of domestic violence charges, from first-time misdemeanor domestic violence to murder, in order to give you as much understanding as possible and the best options possible. We hope every client we serve will have their case dismissed; however, if that is not possible, we will seek to help you achieve a resolution that will avoid a conviction and jail time. 

From the first day we begin working on your Oklahoam domestic violence case, we are thinking about Your Better Future and how can we resolve your domestic violence case without it following you for the rest of your life. Many of our clients are able to have their domestic violence case dismissed and expunged, which means the record of your domestic violence case will not be visible to the public or future employers.

What are the Most Important Goals in a Domestic Violence Case in Oklahoma? 

The most important goal in any domestic violence case is to avoid your charges following you for the rest of your life. Whether through dismissal or expungement of your domestic violence case, the sooner you can achieve a resolution that does not involve a conviction or jail-time the better. 

Many of our clients facing domestic violence charges in Oklahoma are able to have their cases dismissed either by motion of the prosecutor, fighting their case in court, or probation without a conviction. Once your domestic violence case is dismissed, the important process of seeking expungement of your domestic violence case is the next step to getting your domestic violence case behind you.

Our OKC domestic violence defense attorneys have helped multiple clients accelerate dismissal of their domestic violence probation by convincing the prosecutor that they have successfully completed the substantive terms of probation and the government’s interest in their being on probation has ended. Our Oklahoma domestic violence lawyers can file a Motion to Accelerate Dismissal of your domestic violence case, if you are already on probation. If or when we are successful in having your domestic violence case dismissed, you are on your way to having th entire case expunged. 

What are the punishments for Domestic Violence Charges in Oklahoma? 

First-time domestic violence charges in Oklahoma carry up to one year in jail and up to a fine of $5,000. Additionally, many domestic violence cases come with a 52-week batterer’s intervention program. This punishment is substantial compared to simple misdemeanor assault and battery in Oklahoma, which carries up to 30 days in jail and up to a $500 fine, without batterer’s intervention. 

In addition to the punishment listed above for first-time domestic abuse assault and battery, if you are convicted or receive probation on your case it is a predict offense for felony domestic abuse assault and battery. Meaning, if you are charged with a second offense of misdemeanor abuse assault and battery, it can be filed as felony offense based upon your initial case, even if the events are in no way related. 

Many of our Oklahoma domestic violence clients were not made aware of the predicate offense nature of domestic violence charges and are facing felony domestic violence based upon an old prior offense. These subsequent offenses for domestic abuse carry up to four years in prison, including a drunken slap during a domestic dispute, which is why it is so important to ensure you work with an excellent OKC domestic violence defense attorney to help you avoid the possible negative outcomes of your case, including prison and a felony conviction.

  • Domestic abuse in the presence of a minor carries a minimum of six months in jail
  • Domestic assault against a pregnant women carries up to ten years in prison
  • Domestic abuse assault and battery with a dangerous weapon carries up to 10 years in prison
  • Domestic abuse assault and battery with great bodily harm carries up to 10 years in prison
  • Domestic abuse of a pregnant woman resulting in a miscarriage carries up to 20 years in prison
  • Domestic abuse assault and battery with a deadly weapon carries up to life in prison

CONTACT –YOUR FIERCE ADVOCATES® AND OKLAHOMA DOMESTIC VIOLENCE DEFENSE ATTORNEYS

The Fierce Advocates® at Cannon & Associates, have the experience you need to represent you or your loved ones in any Oklahoma domestic violence case. We have successfully handled hundreds of cases in the past for clients facing every type of domestic violence charge in Oklahoma and we will use that experience to help you make informed decisions at every step of your case. 

Contact Cannon & Associates by completing the CONTACT FORM ON THIS PAGE or CALL NOW at 405-883-4427 for a free confidential case strategy meeting and to have your questions answered about your Oklahoma domestic violence case.

By John Cannon