Relationships may get strenuous at times, but always try to keep your temper in check.
Not only do you put your relationship at risk, but you could land in serious legal trouble for violating Tulsa, Oklahoma domestic assault and battery laws.
If a warrant has been issued for either your arrest or your appearance before a judge, you must comply with the order right away in order to ensure a bad situation does not become worse.
Defining Assault and Battery
Tulsa city and Oklahoma state law define assault as any willful and unlawful attempt or offer with force or violence to do corporal hurt to another.
A defendant need not actually harm or even come into physical contact with the victim to be charged with assault. The attempt is enough. Okla. Stat. tit. 21 § 641
Battery, on the other hand, means any willful and unlawful use of force or violence upon the person of another. Okla. Stat. tit. 21 § 642
A charge of battery requires that the defendant actually come into physical contact with the victim.
Oklahoma Domestic Assault and Battery Law
A defendant who violates Oklahoma domestic assault and battery laws faces up to one year in county jail and a fine of $5,000.
If a defendant is convicted of this crime more than once, he can face a felony conviction and up to four years in the state Department of Corrections and a $5,000 fine.
If the defendant uses a sharp object or other dangerous weapon during the domestic assault and battery, they will be charged with a felony and face imprisonment of up to 10 years.
Shooting the victim or using a deadly weapon in the commission of a domestic assault can result in life in prison. Okla. Stat. tit. 21 § 644
Defining a Domestic Relationship in Oklahoma
To be charged with domestic assault and battery, the defendant must have been in a “domestic relationship” with the victim.
Oklahoma law defines this broadly; it is not limited to people who are in a romantic relationship with one another.
A defendant who has a present or past spousal relationship with the victim will satisfy the definition of a “domestic relationship.” This can be a current or former spouse. This can even be an ex-spouse’s new spouse, or present spouse’s ex-spouse.
The victim may also have a parental or blood relationship with the defendant to qualify as a “domestic relationship.” This includes parents, foster parents, children, or any person related by blood or marriage.
The defendant may also have a non-blood relationship with the victim. This may be 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.
Free Consultation: Tulsa Criminal Defense Attorney
When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a free consultation with an experienced Tulsa assault and battery attorney to discuss your available legal options.
Contact the Tulsa Criminal Defense Law Firm by calling 918-756-9600 or toll free at 1-888-447-7262.
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