Domesic Assault In Presence Of A Child
Domestic Assault and Battery in the Presence of a Child is when an assault and battery occur, the act is done upon a member of the person’s domestic family or a domestic partner and it is in the presence of a child. Parties included in the category of “domestic family” are present and former spouses, children, parents, people of a blood relation or marriage relationship, or people who live in the same household as the accused.
“In the presence of a child” means in the physical presence of a child; or having knowledge that a child is present and may see or hear an act of domestic violence. “Child” may be any child whether or not related to the victim or the defendant.
The allegations of domestic violence are serious and can result in the loss of freedom and substantial rights, including possession of a firearm. In it crucial you understand the laws related to domestic violence charges and retain an experienced Oklahoma domestic violence defense lawyer.
The statute for Domestic Assault and Battery in the Presence of a Child is OKLA. STAT. tit. 21 § 644(G), which states “Any person who commits any assault and battery against a current or former intimate partner or a family or household member as defined by Section 60.1 of Title 22 of the Oklahoma Statutes shall be guilty of domestic abuse. Upon conviction, the defendant shall be punished by imprisonment in the county jail for not more than one (1) year, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. Upon conviction for a second or subsequent offense, the person shall be punished by imprisonment in the custody of the Department of Corrections for not more than four (4) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
Any person convicted of domestic abuse as defined in subsection C of this section that was committed in the presence of a child shall be punished by imprisonment in the county jail for not less than six (6) months nor more than one (1) year, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. Any person convicted of a second or subsequent domestic abuse as defined in subsection C of this section that was committed in the presence of a child shall be punished by imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, or by a fine not exceeding Seven Thousand Dollars ($7,000.00), or by both such fine and imprisonment.”
Elements of the Crime
In order to be convicted of Domestic Assault and Battery in the Presence of a Child in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:
3) attempting or offering to use force or violence;
4) the use of force or violence
5) was against the person of a:
- current or former spouse
- present spouse of a former spouse
- former spouse of a present spouse,
- foster parent
- person otherwise related by blood or marriage
- person with whom the defendant is or was in a dating relationship
- individual with whom the defendant has had a child
- person who formerly lived in the same household as the defendant, or
- person living in the same household as the defendant.
6) was committed in the presence of a child.
Oklahoma Jury Instruction #4-26C.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Domestic Assault and Battery in the Presence of a Child in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.
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