Domestic Assault and Battery by Strangulation is one of the most serious offenses under Oklahoma criminal law. It occurs when an assault and battery occur upon a member of the person’s domestic family or a domestic partner and involves chocking or any kind of asphyxia. 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.
The allegations of domestic violence and specifically strangulation 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 is OKLA. STAT. tit. 21 § 644(J), which states, any person who commits any assault and battery with intent to cause great bodily harm by strangulation or attempted strangulation against an intimate partner or a family or household member as defined by Section 60.1 of Title 22 of the Oklahoma Statutes shall, upon conviction, be guilty of domestic abuse by strangulation and shall be punished by imprisonment in the custody of the Department of Corrections for a period of not less than one (1) year nor more than three (3) years, or by a fine of not more than Three Thousand Dollars ($3,000.00), or by both such fine and imprisonment.
Upon a second or subsequent conviction for a violation of this section, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for a period of not less than three (3) years nor more than ten (10) years, or by a fine of not more than Twenty Thousand Dollars ($20,000.00), or by both such fine and imprisonment. The provisions of Section 51.1 of this title shall apply to any second or subsequent conviction of a violation of this subsection. As used in this subsection, “strangulation” means any form of asphyxia; including, but not limited to, asphyxia characterized by closure of the blood vessels or air passages of the neck as a result of external pressure on the neck or the closure of the nostrils or mouth as a result of external pressure on the head.
Elements of the Crime
In order to be convicted of Domestic Assault and Battery by Strangulation 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; and
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) with the intent to cause great bodily harm by strangulation/(attempted strangulation). Strangulation means any kind of asphyxia, including but not limited to, closure of the (blood vessels)/(air passages)/nostrils/mouth as a result of external pressure on the head/neck.
Oklahoma Jury Instruction #4-26D.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Domestic Assault and Battery 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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