Understanding Domestic Assault and Battery in Oklahoma
When It Hits Home
This is Wagoner Lawyer Stuart Ericson. We’re talking about crimes against persons or people. We’re in the assault and battery kind of listing of crimes. There are many domestic abuse crimes, and that’s, you know, during crimes against a spouse or a living girlfriend or somebody that you’re in a relationship with.
You know, you always have to look at the definition of, you know, the domestic situation. But assault and battery, domestic abuse, and strangulation. So the elements to that are a willful and unlawful attempt or offer to use force and the actual use of force against a person in a relationship that fits the statute, Title 21, Section 644, with the intent to cause great bodily harm by strangulation or attempted strangulation.
So now strangulation by law means any kind of asphyxia, including but not limited to the closure of the blood vessels, air passage, nostrils, and mouth, as a result of external pressure on the head or neck. So, you know, that is when the typical scenario is, of course, there’s a domestic dispute, a fight, and, you know, hands are gripped around the neck and tightened and the person can’t breathe. In some way, certain injuries can develop from that. So that is obviously a more serious offense than simple assault and battery when there’s strangulation involved.
Understanding the Details
Everything is fact specific. You’d have to look at the injuries sustained. Were there photographs taken? Are there finger marks? Are there red marks around the neck? Is there any reddening of the eyes or petechia? Very, as with all crimes, fact specific. You need to always review police reports and then, as a criminal defense attorney, I would talk to you and any witnesses that were there to get all the facts out to be able to best defend you.
Contact Us for a Initial Strategy Session
If you have any questions about assault and battery domestics or assault and battery domestic strangulation, reach out to me, Oklahoma criminal defense attorney Stuart Ericson, at wagonerlawyer.com. We offer a low-cost consultation. We are here to help you understand your legal options and provide you with the best defense possible.
