Domestic Violence AGB by Strangulation (Assault and Battery)
Domestic violence accusations alone are often enough to ruin a person’s reputation. Being convicted of domestic abuse and battery can have serious consequences, including time in prison, large fines, and a permanent criminal record. With a domestic violence conviction, you may also lose certain constitutional rights, such as the right to bear arms, even if it is only a misdemeanor conviction. As such, the stakes for a domestic assault and battery by strangulation charge are quite high.
Free Resources from OKC Criminal Defense Attorneys:
Have you or a loved one been arrested in Oklahoma City? Are you concerned about your future following arrest 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 charged with a serious crime? Have you been arrested? Got warrants?! Worried about defending those charges or worried about how you can make them go away? Well it doesn’t have to be that way. Serious steps need to be taken to avoid charges from becoming convictions. If you answered yes to any of these questions, you need a defense lawyer right away. A lawyer can stop the police from contacting you directly. 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 an Oklahoma criminal case!
If you are facing domestic violence charges in Oklahoma, including assault and battery by strangulation, it is vital that you contact an experienced criminal defense attorney as soon as possible. It may be the case that your ex-partner or a family member has brought false accusations against you, or that the whole event was a misunderstanding. Whatever your situation is, it is important to ensure that you do not go to jail and end up with a permanent criminal record.
At Cannon & Associates, we have a team of highly experienced criminal defense lawyers who can help you fight against your domestic battery and assault by strangulation charges. When it comes to domestic violence cases, having experience is important, and our lawyers have what it takes to get a favorable outcome for your case. Our founder and managing attorney, John Cannon, is a former domestic violence prosecutor, so he knows the tricks a prosecutor may use to secure a conviction against you.
Our team of Fierce Advocates will help in any way we can to protect your legal rights and prevent a domestic violence conviction.
Call us today at 405-591-3935 to schedule a free consultation.
Defining Domestic Violence
Unfortunately, domestic violence is a major problem within the state of Oklahoma. Many people are unsure about what domestic violence actually is, and whether it involves only physical violence between partners. In fact, the definition of domestic abuse is a lot wider than what most people assume. Domestic abuse can involve physical or mental harm to a spouse, partner, or family member, including children over the age of 13. This harm can come in the form of physical abuse, threats, intimidation, emotional abuse, and sexual abuse.
There are also many different types of domestic violence under criminal law, including assault and battery, domestic abuse in the presence of a child, domestic abuse upon a pregnant woman, domestic abuse with a weapon, assault and battery by strangulation, and assault and battery by attempted strangulation. Each of these crimes is dealt with differently under criminal law and has separate penalties and charges attached to them. As such, it is possible to be charged with more than one count of domestic abuse, depending on the situation.
What is Domestic Abuse/Battery By Strangulation?
Unfortunately, domestic assault and battery by strangulation is a common form of domestic violence in Oklahoma. This crime by nature is quite violent and it has the highest risk of fatality for the victim. Oklahoman law defines this crime as when a person commits battery or assault by strangulation or attempted strangulation with the intention of causing great bodily harm against a household member or intimate partner.
Strangulation, by definition, is asphyxia, which is impeding normal breathing or blood circulation by closing the victim’s blood vessels, nostrils, mouth, or air passage, by applying pressure on their head or neck. A person can be convicted of this crime through actual strangulation or attempted strangulation. If a victim has injuries that coincide with strangulation, the prosecution may be able to secure a conviction.
By definition, a household member or intimate partner can include an immediate family member, foster parent, dating partner, current or former spouse, or any person formerly or presently residing with the accused and is involved in a sexual or intimate relationship with them. As such, if you have been accused of domestic assault and battery by strangulation, it must have been against an intimate partner, household member, or family member, and have sufficient proof that strangulation or attempted strangulation occurred.
Proving Domestic Battery and Assault by Strangulation
Because of the serious nature of a domestic abuse/battery conviction, the Judge and jury must be sure that the person accused of the crime is in fact guilty. To secure a conviction for domestic battery and assault by strangulation, the prosecution must prove certain legal elements. Without sufficient proof of these elements beyond a reasonable doubt, they will be unable to secure a domestic abuse conviction against you. These elements include:
Wilfully and unlawfully attempting (or offering) to use violence or force, and the actual use of force or violence,against a household member, current or former spouse, or an intimate dating partner with specific intent to cause great bodily harm to the person through strangulation or attempted strangulation
If the prosecution is not able to prove all of these elements, they will be unable to secure a domestic battery and assault by strangulation conviction against you. As such, the job of your criminal defense attorney is to disprove at least one of these elements and insert a level of reasonable doubt into the minds of the judge or jury. If they can do this, you will be able to get your charges dropped or reduced substantially.
Penalties For Domestic Assault and Battery by Strangulation
The penalties you can face for a domestic violence charge vary depending on a number of different factors. These factors include the type of domestic abuse you are accused of, whether there was actual physical abuse or a threat of abuse, whether it is your second offense, whether you have been arrested for a domestic battery charge previously, and your overall criminal history.
For a first-time domestic assault and battery by strangulation, the penalties are usually as follows:
- From one to three years in prison
- Fines of up to $3,000
If you are convicted for a second round, you may be faced with:
- From three to ten years in prison
- Fines of up to $20,000
Subsequent convictions for domestic assault and battery by strangulation or similar domestic abuse convictions will result in much higher sentences. Additionally, with a domestic violence conviction, you will receive a permanent criminal record and you may have some of your constitutional rights revoked, such as the right to bear arms and the right to vote. To avoid facing serious penalties, you should seek legal representation from an experienced criminal defense attorney.
Defense Strategies For Domestic Assault and Battery Charges
Often, when people are accused of domestic violence or abuse, they worry about how they will be able to defend these charges. An accusation carries with it a lot of weight, particularly if it is accompanied by physical evidence such as photos or doctors’ reports. However, there are many ways in which a good lawyer can help you defend a domestic assault and battery accusation.
In most cases, a good criminal defense lawyer will focus on the particular elements that need to be proven for a domestic assault and battery conviction, as listed previously. In order to defend a charge, they need to introduce an element of doubt as to whether these elements can be proven. For example, if your lawyer can prove that you lacked specific intent to cause great bodily harm to the victim through strangulation or attempted strangulation, then you could get your case dismissed.
Similarly, if your lawyer can demonstrate that the person alleging domestic assault and battery against you does not qualify as an intimate partner or household member, then they can use this as a basis to get your charges dismissed. Depending on the particular circumstances of your case, your lawyer will need to fight against evidence or accusations to prove that you are not guilty of the alleged crime.
It is important to hire a criminal defense lawyer that has significant experience handling domestic abuse cases and knows what it takes to build a strong defense strategy.
Criminal Defense Lawyers at Cannon & Associates
The criminal defense lawyers at Cannon & Associates have been helping the citizens of Oklahoma defend criminal matters for many years. We have a team of Fierce Advocates who are willing to help you with any legal issue you need and ensure that you get the best possible outcome for your case. When it comes to criminal domestic violence cases, our priority is securing a dismissal or reduction of your charges.
Our lawyers have the requisite experience and knowledge of domestic violence laws and cases that you need to win your case. Our priority is building a strong defense strategy to get your state case dismissed. Our managing attorney, John Cannon has worked as a domestic violence prosecutor, so he knows the tricks a prosecutor may use at trial to secure a conviction. As such, he can build a defense strategy based on this knowledge and negotiate with the prosecutor to get your charges dropped.
The lawyers from our law firm have won multiple awards for their hard work and dedication to clients’ cases. We understand how difficult and stressful it is to face criminal charges, and we want to take some of this burden off of you. From the get-go, we will explain your criminal charges and the potential consequences of a conviction. Once you have an understanding, we can begin to work on building a strong defense to ensure that you do not get convicted.
Although we will not be there 24/7, we always ensure to remain in good communication with our clients so that they never feel worried or left out of the loop. We want you to feel as informed and at ease as possible while we handle your case.
Contact a Domestic Violence AGB by Strangulation (Assault and Battery) Lawyer Today!
Charges of domestic violence can ruin your reputation and have serious consequences for the rest of your life. The law in Oklahoma takes a tough approach towards those charged with domestic assault and battery by strangulation, and you could face severe penalties if you are convicted. With a criminal conviction, you may face further difficulties down the line with finding employment, accessing public housing, applying for loans, and much more.
It is important to think about your future if you have been charged with a domestic violence offense and hire an experienced criminal defense attorney to defend your charges. At Cannon & Associates, our lawyers have significant experience fighting domestic abuse charges, and we have helped many clients escape criminal convictions. Our lawyers are dedicated to protecting your rights as a defendant, and we want to ensure that you get the best possible outcome for your case.
Free Resources from OKC Criminal Defense Attorneys:
Have you or a loved one been arrested in Oklahoma City? Are you concerned about your future following arrest 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 charged with a serious crime? Have you been arrested? Got warrants?! Worried about defending those charges or worried about how you can make them go away? Well it doesn’t have to be that way. Serious steps need to be taken to avoid charges from becoming convictions. If you answered yes to any of these questions, you need a defense lawyer right away. A lawyer can stop the police from contacting you directly. 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 an Oklahoma criminal case!
As your Fierce Advocate, we will investigate your case thoroughly, speak with any witnesses involved, negotiate with the prosecutor, and build a strong criminal defense on your behalf. We have built up a strong attorney-client relationship through our many years of hard work and dedication to our clients, and we always guarantee the highest standard of legal care.
Call our law firm today to schedule a free consultation at 405-591-3935.
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