Domestic Assault and Battery Against a Pregnant Woman - Tulsa Trial Attorneys
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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.
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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.
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."
Other Domestic Assault and Battery Charges
Domestic Assault and Battery Against a Pregnant Woman
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
Aggravated Assault and Battery Upon Certain State Agency Employees
Assault and Battery upon Officers of the Court, Witnesses, or Jurors
Assault and Battery Upon Employee of Office of Juvenile Affairs
Aggravated Assault and Battery upon Department of Human Services Employee
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.