Domestic assault in the presence of a minor is a serious crime in Tulsa, Oklahoma and can result in a felony conviction carrying jail time and large fines. Usually, the crime is charged as domestic assault and battery.
What is Domestic Assault in the Presence of a Minor?
Domestic assault and battery is an assault and battery committed on a member of the household. A member of the household includes: a present spouse of a former spouse, a former spouse of a present spouse, parents, a 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, or a person who formerly lived or currently lives in the same household as the defendant. Okla. Stat. tit. 21 § 644C
A child or minor is any person under the age of 18 regardless of his relation to anyone involved in the crime.
An assault and battery that takes place “in the presence of a minor” requires the physical presence of a child or the alleged perpetrator of the domestic assault having knowledge that a child is present and may see or hear the act. Okla. Stat. tit. 21 § 644H
Penalties
A first conviction for domestic assault in the presence of a minor is punishable by six months to one year in jail, a $5,000 fine, or both.
Second or subsequent convictions for domestic assault in the presence of a minor is punishable by one to five years in prison, a $7,000 fine, or both.
The court may also order counseling and treatment for domestic abuse or an anger management program. The defendant may be required to pay all or part of the cost of the counseling or treatment. Okla. Stat. tit. 21 § 644G
In addition, anyone convicted of domestic assault and battery in the presence of a minor will lose their eligibility for a firearm license. Okla. Stat. tit. 21 § 1290.10
Free Consultation: Tulsa Criminal Defense Attorney
If you or someone you know has been accused of domestic assault in the presence of a minor in Oklahoma, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Consult with an experienced attorney at Wirth Law Office – Tulsa today, by calling 918-756-9600 or toll-free at 1-888-447-7262.
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