Domestic Assault and Battery Against a Pregnant Woman - Tulsa Trial Attorneys

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Client Reviews From Domestic Assault and Battery Against a Pregnant Woman Trials

"I HAVE NEVER HAD A LAWYER WORK SO HARD TO GET ME A FAIR SHAKE.  CIERA ARGUED AND ARGUED, AND NOW I AM OUT OF JAIL AND ABLE TO BE WITH MY FAMILY AGAIN.  THANKS!" T.W. - 10/31/17

"I WOULD HAVE BEEN IN PRISON IF IT WASN'T FOR BRIAN AND CIERA.  I HAVE NEVER HAD AN ATTORNEY FIGHT FOR ME LIKE THEY DID."  T.W.

First and foremost, call us right away at 918-884-7791.   Whenever you get arrested on such a serious charge, time is of the essence.  Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member.  The police and the DA will be doing everything in their power to gather incriminating evidence. Just like the police, you should have a team gathering evidence and statements from Day 1.

  1. Don’t talk and don’t give a statement.

  2. Don’t talk to people in Jail, or to family over the phone about your case.

  3. Every minute you go without an experienced attorney puts you at risk.

  4. Don’t hire just any attorney. make sure they are a successful Trial Attorney.

Domestic Assault and Battery

Any person who commits any assault and battery against:

  • current or former spouse,

  • present spouse,

  • 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 (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.

    OUJI-CR 4-26A

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 Assault and Battery Against a Pregnant Woman - Elements

No person may be convicted of domestic abuse against a pregnant woman unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

(1) willful; 

(2) unlawful; 

(3) attempting or offering to use force or violence; and 

(4) the use of force or violence;

(5) was against a pregnant woman;

(6) who was a [Specify Applicable Relationship in 21 O.S. 2011, § 644(C)]; and

(7), the defendant knew the woman was pregnant.

(8) a miscarriage / (injury to the unborn child) occurred.]

The Eighth Element should be used if it is supported by the evidence and the prosecution is seeking enhanced punishment under 21 O.S. 2011, § 644(E).

The relationships listed in 21 O.S. 2011, § 644(C) are "a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by section 60.1 of Title 22 of the Oklahoma Statutes, 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."

OUJI-CR 4-26E

Other Domestic Assault and Battery Charges

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:

(1) willful; 

(2) unlawful; 

(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 against a Pregnant Woman 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.

Call Us Today - 918-884-7791