Facing a domestic violence charge in Oklahoma can be a life-altering experience, and it’s important to know your rights and the steps to take to get through this challenging situation and through to the best outcome. If you’ve been charged with domestic violence, be sure to talk with an Oklahoma City lawyer as soon as possible.
What to Do If You’re Charged with Domestic Violence in Oklahoma
Domestic violence in Oklahoma is taken very seriously by law enforcement and the judicial system. The state defines domestic violence as assault or assault and battery committed by an adult against a current or former spouse, family member by blood or marriage, foster parent, current spouse of a former spouse, current or past dating partner, a person the offender lives with or has lived with, or someone who they are dating or have dated. If you’re being charged, here’s what to do:
1. Remain Calm and Composed
Emotions can run high in domestic violence cases, but it is vital that you remain calm. Avoid any confrontational behavior and cooperate with law enforcement officers. Anything you say or do can be used against you in court, so it is important to act with caution.
2. Exercise Your Right to Remain Silent
Under the Fifth Amendment, you have the right to remain silent to avoid self-incrimination. Politely inform the officers that you wish to exercise this right and refrain from making any statements until you have legal representation.
3. Contact an Oklahoma City Lawyer Right Away
One of the most critical steps you can take is to contact an experienced criminal defense attorney who specializes in domestic violence cases. Your attorney will get to work immediately to protect your rights and will get you through the legal process for the best possible outcome. Do not discuss the details of your case with anyone except your attorney.
4. Listen to and Follow the Terms of Your Release
If you are released on bail, you must understand and comply with the terms of your release. This may include no-contact orders, restraining orders, or other conditions set by the court. Violating these terms can result in additional charges and complications for your case, so be sure to take these seriously.
Possible Domestic Violence Charges
Domestic violence charges can range from misdemeanors to felonies, depending on the severity of the alleged offense and any prior convictions. Domestic abuse is a type of assault or assault and battery, and a first offense is a misdemeanor punishable by up to one year in jail or a fine of up to $5,000, or both. A second or subsequent conviction elevates the crime to a felony, carrying a penalty of up to four years in prison, a fine of up to $5,000, or both. There are also special conditions that can make things worse or mandate higher penalties:
Domestic Assault or Domestic Assault and Battery With a Dangerous Weapon
When domestic assault or domestic assault and battery is committed with the intent to cause great bodily harm and involves the use of a deadly weapon, the consequences can be from a year to 10 years in prison and even all the way to life in prison if a gun is used. A deadly weapon includes firearms and knives, of course, but also objects like baseball bats, bottles, or even steel-toed work boots, all of which can cause significant harm when used in a certain way.
Domestic Abuse With a Prior Pattern of Physical Abuse
If a defendant commits domestic abuse and the prosecution can prove a “prior pattern of physical abuse,” the crime is automatically a felony. This charge carries a penalty of up to 10 years in prison, a fine of up to $5,000, or both. To establish this pattern, the evidence must show that the defendant committed physical abuse against a domestic victim at least three different times within six months of the latest incident.
It’s important to know that these previous incidents do not need to have resulted in arrests or convictions for them to be used against you; however, evidence of them must come from sources other than just the testimony of the victim in a current case.
Domestic Abuse Committed in the Presence of a Child
When domestic abuse occurs in front of a child, the penalties are more serious. For a first offense, the crime carries a minimum sentence of six months and a maximum of one year in jail, a fine of up to $5,000, or both. For a second or subsequent conviction, the offense becomes a felony punishable by a minimum of one year and a maximum of five years in prison, a fine of up to $7,000, or both.
Domestic Abuse Committed Against a Pregnant Woman
If domestic abuse is committed against a pregnant woman, and the offender is aware of the pregnancy, a first offense is classified as a misdemeanor and is punishable by up to one year in jail. For a second or subsequent conviction, the crime becomes a felony, carrying a penalty of up to 10 years in prison. However, if the abuse causes the mother to miscarry or injures the unborn child, the offense automatically becomes a felony with a penalty of up to 20 years in prison.
Domestic Abuse Resulting in Great Bodily Harm
When domestic abuse results in great bodily harm to the victim, the offense is considered a felony even if it is the first time. This charge carries a potential sentence of one year up to 10 years in prison. Great bodily harm refers to significant injuries, such as broken bones, visible disfigurement (e.g., large scars), serious head injuries, or the loss of function in a body part (e.g., a leg, hand, or organ).
Domestic Abuse by Strangulation
If a defendant commits assault and battery by strangulation or attempted strangulation with the intent to cause great bodily harm, it becomes a felony. A first offense carries a penalty of one to three years in prison, a fine of up to $3,000, or both. For a second or subsequent offense, the penalties increase dramatically to three to 10 years in prison, a fine of up to $20,000, or both.
Understanding the Legal Process
When you’re charged with domestic violence, things can be overwhelming. Your Oklahoma city lawyer will work with you through every stage of the process:
1. Arraignment
The arraignment is the initial court appearance where you will be formally charged and asked to enter a plea of guilty, not guilty, or no contest.
2. Pre-Trial Hearings
Pre-trial hearings involve discussions between your attorney and the prosecution to explore the possibility of plea agreements, review evidence, and address any pre-trial motions. Your attorney may file motions to dismiss the charges, suppress evidence, or request a change of venue, depending on the circumstances of your case.
3. Trial
If your case proceeds to trial, both sides will present their evidence and arguments before a judge or jury. Your attorney will work to present a compelling defense, cross-examine witnesses, and challenge the prosecution’s case.
4. Sentencing
If you are convicted, the court will impose a sentence. Sentences for domestic violence can include fines, probation, mandatory counseling, community service, and imprisonment. Your attorney can advocate for a fair and reasonable sentence and explore options for alternative sentencing, such as diversion programs or treatment.
Being charged with domestic violence in Oklahoma is a serious matter that requires prompt and decisive action. If you’ve been charged, contact Cannon & Associates in Oklahoma City now for experienced help.