Domestic Abuse with Prior Pattern of Physical Abuse - Tulsa Trial Attorneys
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Domestic Assault and Battery
Any person who commits any assault and battery against:
current or former spouse,
former spouse of a present spouse,
person otherwise related by blood or marriage,
person with whom the defendant is or was in a dating relationship (22 O.S. 60.1 ),
an individual with whom the defendant has had a child,
a person who formerly lived in the same household as the defendant,
or a person living in the same household as the defendant shall be guilty of domestic abuse.
Assault and Battery - Legal Definition
You can be convicted of Assault if you, willfully and unlawfully attempt or offer with force or violence to do a corporal hurt to another. 21 O.S. 641
You can be convicted of Battery if you, willfully and unlawfully use of force or violence upon the person of another. 21 O.S. 642
Domestic Abuse with Prior Pattern of Physical Abuse - Penalty
Any person who commits domestic abuse, as defined by subsection C of Section 644 of this title, and has a prior pattern of physical abuse shall be guilty of a felony, upon conviction, punishable by imprisonment in the custody of the Department of Corrections for a maximum term of ten (10) years or by a maximum fine of Five Thousand Dollars ($5,000.00) or by both such fine and imprisonment. 21 O.S. 644.1(A)
Definition of Prior Pattern of Physical Abuse
"Prior pattern of physical abuse" means two or more separate incidences, including the current incident, occurring on different days and each incident relates to an act constituting assault and battery or domestic abuse committed by the defendant against a current or former spouse, a present spouse of a former spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, a person living in the same household as the defendant, a current intimate partner or former intimate partner, or any combination of such persons, where proof of each incident prior to the present incident is established by the sworn testimony of a third party who was a witness to the alleged physical abuse or by other admissible direct evidence that is independent of the testimony of the victim. 21 O.S. 644.1(B)
Other Domestic Assault and Battery Charges
Domestic Abuse with Prior Pattern of Physical Abuse
Assault and Battery - Elements
No person may be convicted of assault and battery unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(3) use of force or violence;
(4) upon another person. OUJI-CR 4-26
Assault and Battery - Lay Terms
The main difference between assault and battery is this: Assault can be limited to only the threat of harm, while battery is the actual cause of physical harm from one person to another. Oklahoma case law claims that if there is a battery then there must have been an assault. Hall v. State
Other Assault and Battery Charges
Domestic Abuse with Prior Pattern of Physical Abuse Litigation Expertise
You need an attorney who not only knows the law, but also knows how to cross-examine alleged victims and witnesses that have a motive to lie. Domestic abuse cases can not only give you a felony on your record, it can also dramatically effect your ability to get child custody or visitation. Let Boeheim Freeman Law’s expertise in cross examination, evidence, and the law make the difference in your case.