Domestic Crimes

Domestic Crimes

Domestic Abuse Attorney in Oklahoma City, OK

As an Oklahoma City domestic abuse attorney, Collin W. Rockett has defended numerous persons accused of domestic abuse crimes throughout the State of Oklahoma. From municipal and State misdemeanor charges to State felony charges, Collin handles all types of domestic abuse charges. If you or someone you know is accused of a domestic abuse crime, call Collin W. Rockett as soon as possible to set up a free initial consultation. Collin will inform you of your rights, and guide you through the legal process of defending you against a domestic abuse charge. Contact Oklahoma City Criminal Defense Attorney Collin W. Rockett today.
 
1What is the difference between Assault and Battery and Aggravated Assault and Battery?
Assault and Battery is a misdemeanor and is charged when the victim receives minor injuries as a result of the crime. An Assault and Battery becomes “aggravated” when great bodily injury (normally a serious injury) is inflicted upon the victim, or when the victim is elderly, incapacitated, or decrepit. Aggravated Assault and Battery is a felony.
2Can the State still prosecute me if the alleged victim does not want to press charges?
Yes. The State does not have to base their prosecution of a domestic abuse case on the wishes of an alleged victim. Often, the State will honor the wishes of an alleged victim in misdemeanor cases, but not always. If the State has enough evidence to convict without the cooperation of the alleged victim, it is likely they will go forward with the prosecution.
3What if I am charged with domestic abuse, but was merely defending myself from the alleged victim?
Self-defense is a valid defense against a domestic abuse charge. However, it can often be a difficult defense to prove. Consult with an experienced domestic abuse attorney in Oklahoma City, OK, to learn of any defenses you may have to a charge of domestic abuse.
4What if I have a Victim Protective Order (VPO) against me, and the other party is contacting me?
A VPO is binding upon both parties – the person who petitioned for the VPO and the person against whom the VPO was granted. If the party that petitioned for the VPO is contacting the party against whom the VPO was granted, the party that petitioned for the VPO is in violation of the VPO.
5Can a Victim Protective Order be expunged from my record?
Yes. Provided certain statutory requirements are met, a VPO is expungeable from a person’s record. Consult with a domestic abuse attorney in Oklahoma City, OK, to determine whether you qualify for a VPO expungement.

Domestic Abuse Crimes in Oklahoma

Misdemeanor Crimes:

  • Domestic Abuse (Assault and Battery)
  • Domestic Abuse (Assault and Battery) in the Presence of a Minor
  • Violation of Victim Protective Order (VPO)

Domestic abuse crimes classified as misdemeanors are usually charged against those with no prior history of domestic abuse charges. Often, a person will be charged with both domestic abuse and violation of a VPO. Each of the misdemeanors listed carries a maximum punishment of one year in county jail and/or a hefty fine, and each is enhanceable to a felony if a person is charged with the same offense a second time.

In many instances, VPOs are petitioned for by the alleged victim of a domestic abuse crime. The evidence presented at a VPO hearing can have a very significant impact on the outcome of a domestic abuse case in criminal court. It is extremely important that you contact an experienced domestic abuse attorney if you are named as the defendant in a petition for a VPO.

Felony Crimes:

  • Domestic Abuse by Strangulation
  • Domestic Assault and Battery Resulting in Great Bodily Injury
  • Domestic Assault and Battery with a Dangerous Weapon
  • Domestic Assault and Battery with a Deadly Weapon

Felony domestic abuse crimes are very serious charges that carry time in state prison. The crimes listed are considered felonies the first time a person is charged with the offense, and often involve an alleged victim who suffered significant injury. Some felony domestic abuse crimes are considered violent crimes under Oklahoma law, such as domestic assault and battery with a dangerous weapon and domestic assault and battery with a deadly weapon. A conviction for a crime considered violent under Oklahoma law impacts the amount of prison time a person is required to serve before receiving earned credits or becoming eligible for consideration for parole.

The Domestic Abuse Counseling Requirement:

Oklahoma law requires that anyone who receives probation for a domestic abuse crime undergo 52 weeks of domestic abuse counseling or treatment. This counseling or treatment must be completed through an individual licensed practitioner, or a domestic abuse treatment program certified by the Attorney General.

What Makes a Crime “Domestic”?

A domestic relationship is defined under Oklahoma law as between a current or former spouse, a present spouse of a former spouse, a parent, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the accused is in a dating relationship, an individual with whom the accused has a child, a person who formerly lived in the same household as the accused, or a person living in the same household as the accused. (see 21 O.S. § 644(D)(2))

Collin W. Rockett provides unparalleled representation as a domestic abuse attorney in Oklahoma City, OK. At Rockett Law Office, you are more than just a name on a file. Collin handles each domestic abuse case with the individual attention to detail that every client deserves. Many domestic abuse cases involve “he said – she said” situations, requiring in-depth investigation of the claims made by the alleged victim. To protect his clients and their rights, Collin investigates each domestic abuse case thoroughly. He builds a defense for his clients, and advises them, based on an in-depth investigation of all claims made by the alleged victim and the State. If you face charges of domestic abuse, call Rockett Law Office today at (405) 529-6005 to set up a free initial consultation.