Charged with domestic violence in the presence of a child? Then get the best Tulsa domestic violence lawyer. Start your search by calling the Cale Law Office at 918-277-4800. You will speak with an experienced and skilled Tulsa criminal lawyer. The Cale Law Office offers a free initial consultation. So, contact them today.
What Is The Crime Of Domestic Abuse In The Presence Of A Child
The Oklahoma statute in Tile 21 O.S. 644(G) outlaws domestic violence in the presence of a child. It’s like simple domestic abuse but adds the presence of a child as an element.
The charge can be either a misdemeanor or felony, depending on whether the person charged has a prior domestic violence conviction, said Tulsa domestic violence lawyer Stephen Cale.
In the U.S. legal system, the prosecution must prove specific elements of a crime beyond a reasonable doubt in order to get a conviction.
So, in the case of simple domestic abuse (also referred to as domestic assault and battery) the prosecution must prove all of the following elements beyond a reasonable doubt:
- Attempting or offering the use of force or violence;
- The use or force or violence against a person listed in Oklahoma statute Title 21 O.S. 644(C);
- Was committed in the presence of a child.
The law defines “child” as any child whether or not related to the victim or the defendant.
Also, the law defines the phrase “in the presence of a child” as “in the child’s physical presence or the defendant knows a child is present and may see or hear an act of domestic violence.”
A defendant must be found not guilty if the prosecution fails to prove any or all of the elements for domestic abuse.
A first-time offense is a misdemeanor. A person convicted of this offense could be sentenced anywhere from six (6) months to up to one year in jail and/or fined up to $5,000.
A conviction for two or more charges of domestic abuse in the presence of a child is a felony. A person convicted of this felony offense could be sentenced to one (1) to four (4) years in prison and/or fined up to $7,000.
Prior felony convictions, even if not for domestic abuse, will increase the punishment.
Who Are the Persons In Tile 21 O.S. 644(C)?
The persons listed in Tile 21 O.S. 644(C) are:
- A current spouse;
- A former spouse;
- The 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);
- A foster parent;
- A child;
- Anyone else related by blood or marriage;
- A person with whom the defendant is in a dating relationship;
- A person with whom the defendant was in a dating relationship;
- A person with whom the defendant has a child;
- A person who used to live in the same household as the defendant; or
- A person living in the same household as the defendant
How The Law Defines “Dating Relationship”
The Oklahoma domestic abuse statutes define “dating relationship” as “a courtship or engagement relationship.”
Defenses To Domestic Abuse Charges
Depending on the facts of the case, there could be any number of defenses to a domestic abuse charge. Some of them may include:
- Prosecution failed to prove all elements of the crime
- Insufficient evidence
- Self Defense
- Involuntary intoxication
The best Tulsa criminal lawyer will develop a strategy to fight domestic abuse in the presence of a child charges or get you the best possible result for you under the circumstances. Whether you want to fight charges with a trial, battle for a dismissal, or get the best possible deal you can, like probation, call the Cale Law Office at 918-277-4800. Or, contact us through the web.
Working With Cale Law Office
The Cale Law Office is dedicated to the practice of criminal defense and medical marijuana law. Our mission is to achieve the best possible results for our clients through hard work, attention to detail, and aggressive representation. This is done while maintaining the highest level of professionalism, integrity, and ethical standards.
If you or someone you know has been charged with a crime or is looking for an attorney for an appeal, call the Cale Law Office at 918-277-4800. Your initial consultation is free.