Domestic Abuse Crimes

Domestic Abuse Crimes

Domestic Abuse Attorney in Oklahoma City, OK

Domestic Abuse Attorney Oklahoma City
As an Oklahoma 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, Rockett Law Office handles all types of domestic abuse charges. If you or someone you know is accused of a domestic abuse crime, call Rockett Law Office at (405) 529-6005 as soon as possible to set up a free consultation with our Oklahoma domestic abuse attorney. We will inform you of your rights, and guide you through the legal process of defending you against a domestic abuse charge.
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 (an injury resulting in broken bones, disfigurement, etc.) is inflicted upon the victim, or when the victim is elderly, incapacitated, or decrepit. Aggravated Assault and Battery is a felony in the State of Oklahoma.
2Can the State still prosecute me if the alleged victim does not want to press charges?
Yes. Prosecutors represent the State of Oklahoma as a whole, and not just the alleged victims of crimes. Based on representing the best interests of the people, the State can elect to proceed with the prosecution of a domestic abuse case against the wishes of the alleged victim.Often, the State will honor the wishes of an alleged victim in misdemeanor and felony cases, but not always. If the State has enough evidence to convict the accused without the cooperation of the alleged victim, it is likely they will go forward with the prosecution. This is especially true when there is a history of domestic abuse between the accused and the alleged victim.
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, as often the only witnesses in domestic abuse cases are the accused and the alleged victim. Consult with an experienced Oklahoma domestic abuse attorney to learn of any defenses you may have to a domestic abuse charge.
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. The violating party, whether they were originally the petitioner or the defendant in the VPO action, can be criminally charged with 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. These requirements can be found in Title 22, Section 18 of the Oklahoma Statutes. Consult with an Oklahoma expungement attorney to determine whether you qualify for an expungement of a VPO from your record.

Domestic Abuse Crimes in Oklahoma

Misdemeanor Crimes:

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.p

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 Oklahoma domestic abuse attorney if you are named as the defendant in a petition for a VPO.

Felony Domestic Abuse Crimes:

  • Domestic Abuse by Strangulation
  • Domestic Assault and Battery Resulting in Great Bodily Injury (AKA Aggravated Domestic Assault and Battery)
  • 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 requires a person serve not less than 45% (day for day) of the prison sentence imposed before becoming eligible to receive earned credits or becoming eligible for parole consideration.

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))

Rockett Law Office provides unparalleled representation for those charged with domestic abuse crimes in Oklahoma. At Rockett Law Office, you are more than just a name on a file. Our Oklahoma domestic abuse attorney 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 an in-depth investigation of the claims made by the alleged victim. To protect our clients and their rights, our Oklahoma domestic crimes attorney 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.