Can I Be Charged With Domestic Violence If There Were No Physical Injuries?

It is a common misconception that you can only be charged with domestic violence if you have caused actual physical harm that results in injuries to an intimate partner or family member. In fact, the reality is much different. An individual could be charged with domestic violence for several incidents that did not cause injury. Under Oklahoma law, aggressive acts and threats could be considered domestic violence offenses. 

For example, spitting, attempting to injure even without success, and causing a victim to fear for their safety could all result in a criminal charge. Domestic violence charges are severe and can result in life-changing consequences, such as spending years of your life behind bars, losing the right to carry a gun, trouble finding work and moving on with your future. If you have a previous domestic violence conviction, the stakes are even higher, as you could find yourself facing a felony charge. 

Seek legal counsel as soon as possible in your domestic violence case. Whether the other party was injured might not matter, and you will still need a compelling defense and an experienced attorney to stand any chance of beating your charges. 

The criminal defense attorneys at Cannon & Associates have successfully defended countless clients against domestic violence charges in Oklahoma. We have extensive experience and knowledge of how these cases play out in Oklahoma courts and will use this knowledge to develop the best possible defense strategy for you in your case. 

If you have been charged with domestic violence, call our attorneys today at 405-591-3935 for a free consultation to discuss how we can help you to protect your freedom and future. 

Oklahoma Law On Domestic Violence

Oklahoma’s domestic abuse laws can apply to physical, sexual, financial, and emotional abuse. Domestic violence laws in Oklahoma include both domestic assault and domestic battery. If an individual commits battery, likely they will be charged with assault and battery. To be convicted of domestic assault and battery, an individual must use intentional force against another individual that results in actual physical harm or offense to the victim. In this situation, you may face charges of domestic assault and battery. 

To commit domestic assault, an individual must threaten or attempt to cause physical harm to another individual they are in an intimate relationship with. Oklahoma law defines assault as an attempt to commit battery or intentionally making a victim feel reasonable apprehension that they will be physically harmed.

Domestic Violence Without Injury

Depending on the specifics of your case, you can still be charged with domestic assault or domestic assault and battery even if the other individual involved received no physical injuries. If no aggravating factors were involved in the incident, likely, you will face a misdemeanor charge for a first offense. If this charge is a second or subsequent conviction, you will be charged with a felony offense. 

Domestic Violence Involving Serious Bodily Injury

A domestic violence offense that results in great bodily injury is an elevated charge to standard domestic violence offenses. If a victim suffers a serious injury, such as a broken bone or head injury, or an injury that results in permanent scarring or disfigurement or permanently alters the use of a bodily member or organ, this is a felony charge. 

If convicted of domestic violence involving great bodily injury in Oklahoma, you could face up to ten years in prison or up to one year in jail, depending on the exact nature of the offense. 

Additional Aggravating Factors

Under Oklahoma law, there are additional aggravating factors that, if involved in your case, could mean you are facing more severe charges, even for a first-time offense. For example, if the incident took place in front of a child, this offense carries a mandatory minimum sentence of six months in jail for a first offense and a $5,000 fine. 

A second or recurrent offense is a felony charge, punishable by a minimum of one year, up to five years in prison, and a fine of up to $7,000. Additional factors that may increase the possible penalties you face include if the victim was pregnant at the time of the incident, if a weapon was involved, or if the prosecution can prove that you have a prior pattern of physical abuse. 

Can Threats Result In A Domestic Violence Charge?

There is no definite answer to whether threats will result in a criminal charge. This will depend upon the other factors surrounding the incident. In general, threats alone may not be considered domestic violence. However, if your actions gave the victim reasonable belief that they would suffer physical harm from you, this could result in a criminal charge. 

To secure a conviction, the criminal prosecution must prove that you had the intention to cause harm behind the threats. A threat followed by an act that attempted to cause injury, or made the victim feel that harm was imminent, could result in a domestic violence charge. Even if you only threatened someone and did not physically hurt them, experienced legal representation is essential if you have been charged. 

Can I Be Charged With Domestic Violence If There Were No Physical Injuries?

Oklahoma law states that domestic violence charges can include threatening behavior and physical acts that lead the victim to believe they will be hurt, even if they were not injured. Domestic violence can also include acts that intended to harm the victim, even if they were unsuccessful or didn’t result in injury. 

As such, you could still be charged with domestic violence if you committed a physical act that caused offense or intended to cause harm if the alleged victim is not physically injured. For example, this could include spitting at the victim or throwing something at them, even if it doesn’t hit them. 

Can Domestic Violence Be Committed Against An Ex-Partner?

You may think domestic violence charges only apply to assaults against people you live with or who you are currently in a romantic relationship with. However, in Oklahoma, the list of people you can commit a domestic violence offense against is more comprehensive than just household members. This extends to anyone that you have previously dated or a former spouse. 

The list of individuals extends further and also includes the following people: 

• The current spouse of your ex-wife or ex-husband
• Any family member related to you by either blood or marriage
• Anyone you are dating or have dated in the past
• Anyone that you currently live with or have previously lived with
• Anyone who you have a child with
• Your foster parent

Domestic Violence Criminal Penalties In Oklahoma

The penalties imposed by the criminal justice system in Oklahoma for a domestic violence conviction are harsh. Even a first-time misdemeanor offense carries potential jail time. Felony charges and offenses involving aggravating factors, such as a weapon, can potentially land you behind bars for a long time. 

In addition to jail time, if convicted, offenders may also be required to undergo counseling, an anger management course, or participate in a domestic violence treatment program. 

First Offense Domestic Violence

A first-time misdemeanor offense of domestic violence in Oklahoma carries penalties of up to one year in county jail and a fine of up to $5,000. Other potential penalties include probation, community service, and a court-ordered domestic violence treatment program. 

Second Offense Domestic Violence 

If you have been convicted of domestic violence previously, the penalties you are facing for a second or subsequent conviction are far more severe. A second domestic violence charge in Oklahoma is a felony, carrying penalties of up to four years in prison and a fine of up to $5,000. 

Other Consequences Of A Domestic Violence Conviction

Having a domestic violence conviction on your permanent criminal record can be highly problematic for your future. Domestic violence charges, in particular, are viewed poorly in society and carry a negative social stigma. As such, having domestic violence on your record could cause you to miss out on many opportunities, including employment, renting a home, and borrowing money from a bank.

Additionally, any domestic violence conviction on your record, a misdemeanor or felony, could be used against you in civil proceedings, such as in family court. A former spouse or parent of your child could use a domestic violence conviction, even if it was not committed against them, to discredit your character to the court. Your conviction could support an argument that you are violent and pose a risk to your child. As such, the other parent could use this to petition the court to amend child custody and restrict your access to your children. 

Furthermore, if you are convicted of a felony, you will lose some of your basic rights as an American citizen, such as the right to vote. A conviction will also mean you lose your right to legally carry, purchase, or possess a firearm in the United States. 

Defenses To Domestic Violence Charges In Oklahoma

Domestic violence cases can be challenging to defend, as the State of Oklahoma takes domestic violence crimes seriously and will prosecute them aggressively. As such, having an experienced defense attorney by your side is essential to give you the best possible chance of avoiding a conviction. 

A domestic violence case that involves no physical injuries brings additional complexities to the case. Although, this can also raise opportunities for compelling defense strategies if you have the right legal representation in your corner. A skilled lawyer will be able to closely examine the case against you for any errors that can be leveraged to support your defense. 

Similarly, arguments such as self-defense or no criminal intent may also play into a domestic violence defense strategy. A quality lawyer will work with you to develop a bespoke strategy to fit the specific circumstances of your situation and secure the best outcome possible in your case. 

Insufficient Evidence

In most domestic violence cases, a medical report or testimony from a medical professional is an essential element of the prosecution’s case. The victim’s injuries are often used as a pivotal piece of evidence to underpin their argument. However, if the victim did not suffer any injuries, this can make the case more challenging to prove in court. If the prosecution has little other evidence and no witness testimonies, for example, their case against you may be weak. 

A skilled criminal defense attorney can leverage a weak case to your advantage and could be able to get your charges dropped. Alternatively, a lack of compelling evidence could mean that a reputable lawyer could secure a not-guilty verdict at trial or negotiate a lesser charge or deferred sentence to avoid a trial altogether.

Procedural Grounds 

In any criminal case, there are strict procedures and regulations that law enforcement, prosecutors, and members of the criminal justice system must follow. If any of these processes have not been followed correctly, this can jeopardize a whole case. 

For example, any evidence used in your case must be obtained legally to be admissible in court. If your attorney can prove that evidence was not obtained legally, the evidence could be thrown out, or your entire case could be dismissed.

Similarly, there are strict regulations governing the handling of evidence. If the evidence was not handled appropriately and there is doubt over the chain of custody or legitimacy of the evidence, this can negatively impact the prosecution’s case against you. 

Unlawful Arrest

Any violation of your civil rights during the arrest process could be leveraged to benefit your case and even secure a dismissal from a Judge. 

Common examples of rights violations include unlawful arrests, a failure to read your Miranda rights, or other errors that occurred during your arrest and detention. This could also include mistakes law enforcement officers made when booking you into custody or errors in setting up a bail hearing. 

What Should I Do If I Have Been Arrested For Domestic Violence And There Were No Physical Injuries?

If you have been arrested for domestic violence, regardless of whether the alleged victim suffered injuries or not, you are facing serious charges and harsh penalties. It is essential that you contact a lawyer immediately or as soon as you are able to do so to support your defense. You should also refrain from contacting or speaking to the other party involved in the offense where possible. 

Without sound legal advice, you are vulnerable to saying or doing something that can make your situation worse and the case against you stronger. Once you have secured representation, your lawyer can ensure you do not do or say anything to incriminate yourself further. You may think such precautions are not important if the other party involved is not injured, but this is just as essential for avoiding a conviction as if the person suffered severe injuries. 

In addition, the sooner you secure legal representation, the sooner your lawyer can begin to develop your defense strategy and collect evidence to support your argument. Domestic violence cases can move quickly, and the more time your legal team has to prepare, the more likely they are to secure a successful outcome for you.

Furthermore, early aggressive intervention and skilled negotiation in cases with weak evidence or potential errors can be highly beneficial. In some circumstances, your attorney may be able to have your case dismissed or your charges dropped before your case goes to trial. 

Cannon & Associates Domestic Violence Defense Attorneys Can Help

Domestic violence charges are serious criminal offenses that have the potential to alter the course of your life permanently. It can be challenging to come to terms with the fact that your entire life could change, and you could be spending time behind bars without ever actually causing injury to another. However, this is the reality of domestic violence laws in Oklahoma. 

To give yourself the best chance of avoiding a conviction, you will need a compelling and strategic defense designed by lawyers experienced with Oklahoma domestic violence cases. Cannon & Associates criminal defense attorneys are fierce advocates who will fight aggressively to protect our clients throughout their cases, both inside and outside the courtroom. 

The Cannon & Associates team includes former prosecutors and highly experienced, knowledgeable attorneys. This unique experience allows us insight into the approach prosecutors often take in cases like yours. With this in mind, we can develop a tailored defense strategy to counter the prosecution’s case against you and give you the best chance of securing a favorable outcome. 

Do not think just because the alleged victim did not suffer any physical harm that the law is on your side. Unfortunately, this is not the case, and Oklahoma law still allows for a criminal charge without an injured victim. However, hope is not lost. With the experienced criminal defense attorneys from Cannon & Associates by your side, you will have the best defense possible and a better chance of avoiding a conviction or securing lesser penalties. 

Domestic violence charges should not be taken lightly. Do not take the risk of facing these charges with less than adequate legal representation. Give yourself the best possible chance of beating your charges or minimizing the impact they have on your life. Call Cannon & Associates today. Call our legal team at 405-591-3935 to book your free consultation to discuss your potential defense strategy with an experienced attorney.