Domestic Assault and Battery with a Deadly Weapon - Tulsa Trial Attorneys

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Time is of the Essence When Picking the Best Tulsa Criminal Defense Attorney:

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 with a Deadly Weapon - Elements

No person may be convicted of assault and battery with a deadly weapon unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

(1) shooting;

(2) a [Specify Applicable Relationship in 21 O.S. 2011, § 644(D)(2)];

(3) with a deadly weapon;

(4) that is likely to produce death;

(5) without justifiable or excusable cause.

The relationships listed above is “a current or former spouse, a present spouse of a former spouse, a parent, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has 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 4-6A

Other Domestic Assault and Battery Charges

• Domestic Assault and Battery by Strangulation

• Domestic Assault and Battery with a Dangerous Weapon

• Domestic Assault and Battery with a Deadly Weapon

• Domestic Assault and Battery with Great Bodily Injury

• Domestic Assault and Battery Against a Pregnant Woman

• Domestic Abuse with Prior Pattern of Physical Abuse

• Domestic Assault and Battery in the Presence of a Child

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

• Aggravated Assault and Battery

• Assault and Battery with a Dangerous Weapon

• Assault and Battery with a Deadly Weapon

• Assault and Battery on a Police Officer

• Assault and Battery upon a Police Dog or Horse

• Unlawful Treatment of a Service Dog

• Aggravated Assault and Battery upon Law Officers

• Assault and Battery upon Referee or Umpire

• Aggravated Assault and Battery Upon Certain State Agency Employees

• Interference with an EMT or Care Providers

• Assault and Battery Upon an EMT or Care Provider

• Aggravated Assault and Battery upon an EMT or Care Provider

• Assault with a Firearm upon an EMT or Care Provider

• Assault and Battery upon Officers of the Court, Witnesses, or Jurors

• Unlawful Assault and Battery on a School Employee

• Assault and Battery Upon Employee of Office of Juvenile Affairs

• Battery by Person in Custody by Transfer of Bodily Fluids

• Battery by Touching an Assistive Device of Another

• Medical Battery

• Aggravated Assault and Battery upon Department of Human Services Employee

• Assault and Battery upon Department of Corrections Employee

• Assault and Battery - Definitions

Domestic Assault and Battery with a Deadly Weapon 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