Oklahoma is one of the leading states in its number of reported domestic abuse cases. Thus, it’s not surprising that the state punishes domestic assault and battery more seriously than it does other instances of assault and battery. Domestic assault and battery by strangulation is taken very seriously because of the attempt to cause grave bodily harm to the victim by strangling. Thus, this crime is a felony in Tulsa, Oklahoma.
What Is Domestic Assault And Battery By Strangulation In Tulsa, OK?
Assault is when a person threatens to use violence on another and acts out threats such as advancing menacingly towards the victim. The battery is said to have occurred when a person carries out the risk to assault another and say, hits the victim, or strangles them as threatened.
Assault and battery by strangulation is considered to be domestic in Oklahoma laws if it involves:
“a current or former spouse, 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 as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, 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.” Okla. Stat. tit. 21 § 644
Elements Of The Crime
The prosecutor must prove the following elements of the crime beyond the shadow of a doubt to obtain a conviction for this type of domestic assault in Tulsa:
- A willful
- and unlawful
- attempt or offer to use violence or force and
- the use of force or violence
- was against a person in a domestic relationship as described in Oklahoma laws,
- with the intent to cause great bodily harm by strangulation or attempted strangulation.
Strangulation is defined as any asphyxia. This may include but is not limited to the closure of blood vessels, air passages, nostrils, or mouth as a result of external pressure on the neck or head.
Penalties For Domestic Assault And Battery By Strangulation
Punishment for domestic assault and battery by strangulation in Oklahoma is harsh upon conviction. A first-time offender could spend one to three years in prison, pay a fine of up to $3,000, or both.
Repeat offenders could spend 3 to 10 years behind bars, pay a fine of up to $20,000, or both.
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