Domestic Assault and Battery in the Presence of a Child - Tulsa Trial Attorneys

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Client Reviews From Domestic Assault and Battery in the Presence of a Child Trials

"JUST WANTED YOU TO KNOW THAT YOU ARE THE BEST!  THANKS FOR ALL YOU HAVE DONE.  I KNOW YOU GO HARD FOR YOUR PEOPLE.  YOU KNOW YOU ARE PART OF MY FAMILY NOW.  LOL!  YOU AND YOUR FIRM ROCK!I LOVE YOU BRIAN AND I THANK YOU!"  A.R. - 10/10/17

"MY FAMILY HAS HAD A LOT OF ATTORNEYS, BUT NONE HAVE EVER FOUGHT HARDER OR BEEN SUCH FIERCE ADVOCATES IN THE COURTROOM AS THESE TWO."  D.A.

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 in the Presence of a Child

No person may be convicted of domestic abuse in the presence of a child 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 the person of a [Specify Applicable Relationship in 21 O.S. Supp. 2011, § 644(C)].

(6) was committed in the presence of a child.

The relationships listed in #5 is "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 4-26C

Definition of a Child

A child is any child whether or not related to the victim or the defendant. In the presence of a child means in the child's physical presence or the defendant knows a child is present and may see or hear an act of domestic violence. OUJI-CR 4-26C

Domestic Assault and Battery in the Presence of a Child

Any person convicted of domestic abuse in the presence of a child shall be punished by imprisonment in the county jail for a minimum of six (6) months and a maximum of one (1) year, or by a maximum fine of Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. Any person convicted of a second or subsequent domestic abuse that was committed in the presence of a child shall be punished by imprisonment in the custody of the Department of Corrections for a minimum of one (1) year and a maximum of five (5) years, or by a maximum fine of Seven Thousand Dollars ($7,000.00), or by both such fine and imprisonment. 21 O.S. 644(G)

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 in the Presence of a Child 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