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 § 644(c)
A child/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 § 644(h)
A first conviction for domestic assault in the presence of a minor is punishable by six months to one year in jail and/or a $5,000 fine.
Second or subsequent convictions for domestic assault in the presence of a minor is punishable by one to five years in prison and/or a $7,000 fine.
The court may also order counseling and treatment for domestic abuse and/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 § 644(g)
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 the Wirth Law Offices – Tulsa today, by calling 918-756-9600 or toll-free at 1-888-447-7262 (Wirth Law).
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