This law firm represents those who have been charged with violent crimes. Everyone is entitled to a proper defense. This blog focuses on Oklahoma assault and battery statutes that are applied in cases of domestic violence. Special care should be taken with domestic violence cases due to the sensitive nature of the subject matter.
An individual convicted of assault in domestic abuse may serve a maximum of 30 days in county jail. In the alternative, a defendant may be fined a maximum of $500. An individual may serve one or both of these punishments.
If a defendant is convicted of both assault and battery, he or she may serve up to 90 days in county jail. A judge ma also order a fine of $1,000 or less. Just as with an assault, an assault and battery in domestic abuse may result in both imprisonment and a fine.
The Oklahoma domestic violence statute applies to current or former spouses. In addition to spouses, the statute is far reaching in its application to traditional family and non-traditional family member classifications. A foster parent, a child and any person otherwise related by blood or marriage is included in this statue. Non-marital relationships, like boyfriends and girlfriends, are also covered by this statute. If the defendant shares a child or children a charge of domestic violence may be levied. Lastly, anyone who has lived or currently lives in the same house may also be charged with domestic violence.
Regardless of the relationship that resulted in an assault or battery charge, the consequences are serious. Experienced legal counsel is necessary to ensure that the defendant receives a fair trial.
Source: Womens' Law, "Chapter 20. Assault and Battery," last visited February 23, 2015