How Are Domestic Assault and Battery Charges Adjudicated In Wagoner?

A person suspected of domestic violence in Wagoner, Oklahoma will face domestic assault and battery charges.

A conviction of domestic assault and battery is especially serious and can result in anywhere from one year to life in prison, depending on the circumstances.

Defining Assault and Battery

In the city of Wagoner and in the state of Oklahoma, assault means any willful and unlawful attempt or offer with force or violence to do corporal hurt to another.

A defendant need not actually harm or even come into physical contact with the victim to be charged with assault. The attempt is enough. Okla. Stat. tit. 21 § 641

Battery, on the other hand, means any willful and unlawful use of force or violence upon the person of another. Okla. Stat. tit. 21 § 642

A charge of battery requires that the defendant actually come into physical contact with the victim.

Domestic Assault and Battery Charges in Wagoner

A defendant facing domestic assault and battery charges could spend up to one year in county jail and pay a fine of $5,000.

If a defendant is convicted of this crime more than once, he or she can face up to four years in the state Department of Corrections and a $5,000 fine.

If the defendant uses a sharp object or other dangerous weapon during the domestic assault and battery, they will be charged with a felony and face imprisonment of up to 10 years.

Shooting the victim or using a deadly weapon in the commission of a domestic assault can result in life in prison. Okla. Stat. tit. 21 § 644

Defining a Domestic Relationship in Oklahoma

The defendant must have been in a “domestic relationship” with the victim in order to face domestic assault and battery charges.

Oklahoma law defines this broadly; it is not limited to people who are in a romantic relationship with one another.

A defendant who has a present or past spousal relationship with the victim will satisfy the definition of a “domestic relationship.” This can be a current or former spouse. This can even be an ex-spouse’s new spouse, or present spouse’s ex-spouse.

The victim may also have a parental or blood relationship with the defendant to qualify as a “domestic relationship.” This includes parents, foster parents, children, or any person related by blood or marriage.

The defendant may also have a non-blood relationship with the victim. This may be a person with whom the defendant is or was in a dating relationship, 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.