CONSEQUENCES OF A DOMESTIC ABUSE CONVICTION | PART ONE: POSSIBLE JAIL, PRISON, AND FINES
The consequences of a domestic violence conviction in the Tulsa area and throughout the state are severe. According to Stop Abusive and Violent Environments (SAVE), one in 10 people is falsely accused of sexual assault, domestic violence, and child abuse. Thousands of men and women are accused of domestic violence crimes each year.
So, if you’ve been accused of domestic abuse, you need the best criminal defense attorney Tulsa has to offer. Call the Cale Law Office at 918-771-7314 to schedule your free initial consultation. Attorney Stephen Cale has been practicing for 20 years and focuses his practice on criminal defense.
There are several categories of domestic violence set out in the Oklahoma statutes. All of them take into consideration the relationship between the alleged victim and the accused. The specified relationships in the statute are:
- a current or former spouse;
- a present spouse of a former spouse. (For example, your ex-wife’s current husband);
- a former spouse of a present spouse. (For example, your wife’s ex-husband);
- parents;
- foster parent;
- a child;
- a person otherwise related by blood or marriage;
- 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.
Let’s take a look at the categories and the punishments for each of them
SIMPLE DOMESTIC ABUSE – ASSAULT AND BATTERY
Simple Domestic Violence consists of the following elements:
- wilful and unlawful attempting or offering to use force or violence;
- the use of force or violence; and
- against the person of [the specified relationship]
If a jury finds that all three of those occurred together, they can find you guilty. The punishment is up to one year in the county jail and/or a fine of up to $5,000.
The first offense is a misdemeanor. Two or more convictions for simple domestic violence is a felony. Punishment for the felony is up to four years in prison and/or a fine of up to $5,000. Prior felony convictions will increase that punishment.
DOMESTIC ABUSE WITH A DANGEROUS WEAPON
This is domestic abuse that involves intent to do bodily harm with a dangerous weapon and without legal justification (for example, self-defense). This is a felony. The punishment is up to 10 years in prison or one year in the county jail. Prior felony convictions will increase this punishment.
DOMESTIC ABUSE WITH A DEADLY WEAPON
This involves shooting a person in a specified relationship with any deadly weapon that is likely to produce death. This is a felony that is punishable by up to life in prison. Prior convictions can increase punishment.
DOMESTIC ABUSE AGAINST A PREGNANT WOMAN
This involves domestic abuse against a pregnant woman with knowledge of the pregnancy. This is a misdemeanor crime, punishable by up to one year in the county jail. Two or more convictions of domestic abuse against the pregnant woman is a felony, punishable by up to 10 years in prison.
DOMESTIC ABUSE AGAINST A PREGNANT WOMAN CAUSING MISCARRIAGE OR INJURY TO UNBORN CHILD
This occurs when domestic abuse is committed against a pregnant woman with knowledge of the pregnancy and a miscarriage occurs or an injury to the unborn child occurs. This is a felony punishable by up to 20 years in prison.
DOMESTIC ABUSE INVOLVING GREAT BODILY INJURY
Domestic abuse resulting in great bodily injury is a felony. It is punishable by up to 10 years in prison, or up to one year in the county jail. Two or more convictions for this offense will increase the punishment. The statutes define “great bodily injury” as bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or substantial risk of death.
DOMESTIC VIOLENCE IN THE PRESENCE OF CHILD
As the name states, this is domestic violence in the presence of a child. The term “in the presence of a child” means in the physical presence of a child; or having knowledge that a child is present and may see or hear an act of domestic violence. A “child” may be any child whether or not related to the victim or the defendant. This is a misdemeanor punishable by six months to one year in the county jail and/or a fine of up to $5,000. Two or more convictions of this offense is a felony punishable by one to 5 years in prison and/or a fine of up to $7000. Prior convictions can increase this punishment.
DOMESTIC ABUSE BY STRANGULATION
This is domestic abuse with intent to cause great bodily harm by strangulation or attempted strangulation. This is a felony punishable by one to 3 years in prison and or a fine of $3,000. Two or more convictions for this offense is a felony punishable by 3 to 10 years in prison and or a fine of up to $20,000. Prior felony convictions for other offenses will increase this punishment. “Strangulation” means any form of asphyxia; including, but not limited to, asphyxia characterized by closure of the blood vessels or air passages of the neck as a result of external pressure on the neck or the closure of the nostrils or mouth as a result of external pressure on the head.
OTHER CONSEQUENCES
There are other consequences related to a conviction for domestic abuse. They involve certain obligations that the court imposes upon the defendant. You can read about these consequences in The Consequences of a Domestic Abuse Conviction: Part 2.
THE CALE LAW OFFICE CAN HELP
As you can see, a conviction for domestic abuse carries heavy consequences. But these charges can be beaten in certain circumstances. It takes aggressive and thorough defense. For the best criminal defense attorney Tulsa has to offer in your domestic abuse case, call the Cale Law Office at 918-771-7314. Attorney Stephen Cale is a skilled criminal lawyer. He has handled numerous domestic abuse cases. You can view testimonials from actual clients at CaleLawOffice.com/testimonials.