Committing domestic assault in the presence of a minor in Wagoner, Oklahoma is a serious offense. If you are convicted, you could spend years behind bars.
Defining Assault and Battery
Assault and battery are actually two different crimes that are often charged together. An assault is a threat or attempt to use physical force against a person. Okla. Stat. tit. 21 § 641
Battery is the force or contact actually used or made. The law defines a battery as the intentional use of force against another person, causing that person harm or offense. Okla. Stat. tit. 21 § 642
If a man stands in front of his wife, shaking with rage toward her and cocks his fist back to punch her, that is an assault. When he actually punches her, that is the battery.
What is Domestic Assault in the Presence of a Minor?
Assault and battery occur frequently in situations where domestic abuse is present. In and of itself, domestic assault and battery is usually charged as a misdemeanor in Oklahoma.
The statute defines domestic abuse as an assault and battery against a current or former spouse or their former or current spouses, parents, a foster parent, a child, any person related by blood or marriage, a boyfriend or girlfriend, the other parent of your child, or a former or current roommate. The list is very comprehensive and can be applied to any number of domestic situations. Okla. Stat. tit. 21 § 644
The crime is punishable by imprisonment in the county jail for up to a year, a fine of up to $5,000, or both for the first conviction. Subsequent convictions are treated as felonies and can be punished by up to four years in jail and a fine of $5,000.
However, domestic assault in the presence of a minor in Wagoner is more serious. A first-time offender will be punished with six months to a year in jail, a fine of up to $5,000, or both. Subsequent offenses are punishable by a prison term of one to five years, a fine of up to $7,000, or both.
Suspended and Deferred Sentences
It is possible for the court to order deferred or suspended sentence in domestic assault and battery cases under certain conditions. A deferred sentence allows the court to delay proceedings for up to 10 years without entering a judgment of guilt, and to dismiss the case if the defendant complies with certain conditions ordered by the court, such as probation, community service, or counseling.
A suspended sentence allows the defendant to serve some or all of his or her sentence on probation as long as the defendant follows all the rules set forth in probation. This may also include couple’s counseling or anger management classes.
Initial Strategy Session: Wagoner Criminal Defense Attorney
If you are accused of domestic assault in the presence of a minor in Oklahoma, talk to an experienced Wagoner criminal defense attorney as soon as possible. Do not wait and do not speak to the police. Remember that everything that you say to them can and will be used against you.
For a low-cost consultation, call Wirth Law Office – Wagoner at 918-485-0335.
As always, you have the option to enter a legal question in the form at the top right of this page.
