Oklahoma City Domestic Violence Attorney: Protecting You Against DV Accusations
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Who Qualifies as a Domestic Violence Victim?
Domestic Violence Crimes in Oklahoma
Domestic Assault with a Dangerous Weapon
Domestic Assault with a Deadly Weapon
Domestic Assault Causing Bodily Injury
Domestic Assault in the Presence of a Child
Often, the mere accusation of domestic violence is all that is required for a person to be arrested and charged with domestic violence in Oklahoma. That alone is a scary fact; however, when paired with the issue that many people believe a person would not make a false accusation of being the victim of domestic abuse or domestic violence increases the seriousness of defending domestic violence crimes in Oklahoma.
Your career, your freedom, and your reputation depend on the outcome of your domestic violence case in Oklahoma. Your interests demand you contact an experienced domestic violence criminal defense attorney upon becoming a suspect of domestic violence or being arrested for domestic violence. Contact CANNON & ASSOCIATES, PLLC now to receive a free confidential consultation on your case.
What is Domestic Violence in Oklahoma?
Domestic violence is behavior used to exert power and control over another person by means of fear and intimidation. Many people wrongly assume that domestic violence only refers to physical violence. Domestic violence is not exclusive to physical harm and can also occur in the form of emotional abuse, sexual abuse, threats, intimidation, and other behaviors designed to frighten and control.
Domestic abuse is defined at OKLA. STAT. tit. 21 § 60.1 as any act of physical harm, or the threat of imminent physical harm which is committed by an adult, emancipated minor, or minor child 13 years of age or older against another adult, emancipated minor or minor child who are family or household members or who are or were in a dating relationship.
Criminal Assault is defined at OKLA. STAT. tit. 21 § 641 as the willful and unlawful attempt or offer with force, coercion, or violence to do corporal harm to another. Criminal Assault does not require actual physical contact.
Criminal Battery is defined at OKLA. STAT. tit. 21 § 642 as any willful and unlawful use of force or violence upon the person of another. Criminal Battery requires actual physical contact.
Types of Domestic Violence
There are five categories of domestic violence recognized in the United States and adopted in Oklahoma:
- Psychological violence: verbal abuse such as threats and name calling; unreasonable possessiveness; isolating the victim from his or her support system such as family and friends; destroying physical property
- Physical violence: domestic abuse assault, domestic abuse assault and battery, domestic abuse strangulation, and domestic abuse with a dangerous weapon
- Sexual abuse: forced sexual advances or attempts at forcing sexual advances
- Emotional: an attack on an individual’s mental state
- Economic: coercion through forced financial co-dependency
Ask an Oklahoma City Domestic Violence Lawyer: Who Qualifies as a Victim?
The specific relationships that are protected from domestic violence are listed out in OKLA. STAT. tit. 21 §644(C), (D), (E), and (H). The relationships that qualify for domestic violence are the following:
- A spouse or former spouse
- A present spouse of a former spouse
- A former spouse of a present spouse
- Parents and foster parents
- A child
- A person related by blood or marriage
- A current or former dating relationship
- The parent of a mutual child
- A person currently or previously living in the same house
Domestic Violence Crimes in Oklahoma
Domestic violence crimes come in as many varieties as the relationships that constitute domestic violence. Each of the following alleged crimes require a different approach, attention to details, and Fierce Advocacy to obtain the best possible outcome for clients. It is important the domestic violence defense attorney you hire has a track record of success in defending the specific offense you are facing:
- Domestic Abuse: Assault and Battery
- Domestic Abuse: Assault and Battery with Great Bodily Injury
- Domestic Abuse: Assault and Battery in the presence of a child
- Domestic Abuse: Assault and Battery upon a pregnant woman
- Domestic Abuse: Assault and Battery by Strangulation
- Domestic Abuse: Assault and Battery by Attempted Strangulation
- Domestic Abuse: Assault and Battery with a Dangerous Weapon
Domestic Assault & Battery
Domestic Assault and Battery is when an assault and battery occur upon a member of the person’s domestic family or a domestic partner. 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.
Oklahoma Statute
The statute for Domestic Assault and Battery is OKLA. STAT. tit. 21 § 644(c), 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. The provisions of Section 51.1 of this title shall apply to any second or subsequent offense.
Elements of the Crime
In order to be convicted of Domestic Assault and Battery 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:
1) willfully;
2) unlawful;
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,
- Parents
- foster parent
- child
- 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.
Oklahoma Jury Instruction #4-26A.
Domestic Assault With a Dangerous Weapon
Domestic Assault and Battery with a Dangerous Weapon is when an assault and battery occur, a dangerous weapon has been used, and the act is done upon a member of the person’s domestic family or a domestic partner. 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.
Oklahoma Statute
The statute for Domestic Assault and Battery with a Dangerous Weapon is OKLA. STAT. tit. 21 § 644(d), which states “Any person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon an intimate partner or a family or household member as defined by Section 60.1 of Title 22 of the Oklahoma Statutes with any sharp or dangerous weapon, upon conviction, is guilty of domestic assault or domestic assault and battery with a dangerous weapon which shall be a felony and punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years, or by imprisonment in a county jail not exceeding one (1) year.”
Elements of the Crime
In order to be convicted of Domestic Assault and Battery with a Dangerous Weapon 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:
1) An assault, battery, or assault and battery occur;
2) with a sharp or dangerous weapon;
3) upon one of the following:
- current or former spouse
- present spouse of a former spouse
- former spouse of a present spouse,
- Parents
- foster parent
- child
- 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.
4) without justifiable or excusable cause;
5) with intent to do bodily harm.
Oklahoma Jury Instruction #4-12A.
Domestic Assault With a Deadly Weapon
Domestic Assault and Battery with a Deadly Weapon is when an assault and battery occur, a deadly weapon has been used, and the act is done upon a member of the person’s domestic family or domestic relationship. 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.
Oklahoma Statute
The statute for Domestic Assault and Battery with a Deadly Weapon is OKLA. STAT. tit. 21 § 644(d)(1), which states “Any person who, without such cause, shoots an intimate partner or a family or household member as defined by Section 60.1 of Title 22 of the Oklahoma Statutes by means of any deadly weapon that is likely to produce death shall, upon conviction, be guilty of domestic assault and battery with a deadly weapon which shall be a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life.
Elements of the Crime
In order to be convicted of Domestic Assault and Battery with a Deadly Weapon 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:
1) shooting;
2) A person of the following relationship:
- current or former spouse
- present spouse of a former spouse
- former spouse of a present spouse,
- Parents
- foster parent
- child
- 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.
3) with a deadly weapon;
4) that is likely to produce death;
5) without justifiable or excusable cause.
Oklahoma Jury Instruction #4-6A.
Domestic Assault Causing Bodily Injury
Domestic Assault and Battery causing Great Bodily Injury must be upon a domestic partner or someone within the defendant’s “domestic family”; it must be an assault and battery; and it must cause great bodily harm. The “domestic family” includes a person of a familial relationship to the accused, such as 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.
Oklahoma Statute
The statute for Domestic Assault and Battery causing Great Bodily Injury is OKLA. STAT. tit. 21 § 644, which states “Any person convicted of domestic that results in great bodily injury to the victim shall be guilty of a felony and punished by imprisonment in the custody of the Department of Corrections for not more than ten (10) years, or by imprisonment in the county jail for not more than one (1) year.”
Elements of the Crime
In order to be convicted of Domestic Assault and Battery causing Great Bodily Injury 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:
1) willfully;
2) unlawful;
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,
- Parents
- foster parent
- child
- 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) resulting in great bodily injury
Oklahoma Jury Instruction #4-26B.
Domestic Assault in the 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.
Oklahoma Statute
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:
1) willful;
2) unlawful;
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,
- Parents
- foster parent
- child
- 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.
Domestic 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.
Oklahoma Statute
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:
1) willfully;
2) unlawful;
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,
- Parents
- foster parent
- child
- 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.
Domestic Violence Penalties
In most cases, a first-time domestic violence or domestic abuse charge is a misdemeanor, which is punishable by up to one year in jail and up to a $5,000 fine. This penalty far exceeds the potential punishment for a first-time offense of simple assault or simple assault and battery, which carries up to 30 days in jail and up to a $500 fine. However, first-time domestic violence offenses in Oklahoma can have a much larger penalty, if an aggravating factor is present:
- Domestic Abuse in the presence of a minor: minimum of six months in jail
- Domestic Abuse, subsequent offense: felony, up to four years in prison
- Domestic Abuse with a dangerous weapon: up to ten years in prison
- Domestic Abuse with great bodily injury: up to ten years in prison
- Domestic Abuse with a firearm or deadly weapon: up to life in prison
Protect Your Future & Freedom With the Help of a Domestic Violence Attorney in Oklahoma City
Experience matters when you are facing domestic abuse or domestic violence charges in Oklahoma. It is important to know the Oklahoma domestic violence defense attorney you hire is dedicated to your cause and versed in all aspects of domestic violence defense. John Cannon, owner of CANNON & ASSOCIATES, is a former domestic violence prosecutor and very experienced in the law and issues associated with domestic vilence charges in Oklahoma. He has faced these cases from both sides of the courtroom and has the experience to defend your case. He will personally represent you and work along-side you during the entire process. He will keep you informed. John has the experience you need and will bring it to bear in your case.
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Additionally, John Cannon has an outstanding record of reaching the best possible outcome for hundreds of clients, evidenced by receiving the highest possible AVVO rating – 10 (superb). Contact CANNON & ASSOCIATES, PLLC to protect your rights and Fight your Oklahoma domestic violence case. If you are located in Oklahoma City, Edmond, Norman, Yukon, Mustang, The Village, Moore, or Midwest City, contact us today by calling 405-591-3935 for a free confidential consultation.
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