Domestic Assault and Battery - 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.
Domestic Assault and Battery - Punishment for First-time Offender
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. 21 O.S. 644(C)
Domestic Assault and Battery - Counseling Required
Upon conviction, the defendant shall be court ordered to attend a 52 week counseling session. There will also be regular court reviews to insure that you are going to classes and completing the work necessary to graduate from these classes. Click here to find approved providers.
Domestic Assault and Battery - Punishment for Repeat Offender
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. 21 O.S. 644(C)
Other Domestic Assault and Battery Charges
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
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 Assault and Battery
Domestic Assault and Battery 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 rules of evidence make the difference in your case.