Domestic violence carries significant penalties in Oklahoma. This serious criminal offense also involves long-lasting social stigma, impacting relationships, work, and other aspects of a person’s life. Consequences are specific to the case but may include jail time, substantial fines, and ongoing restrictions on your future.
Anyone charged with domestic violence benefits from having a case reviewed by an Oklahoma City domestic violence attorney. The following are some examples of the possible penalties for domestic violence convictions.
First Offense Penalties for Domestic Violence in Oklahoma
A first-time offense of domestic violence under Oklahoma law is typically a misdemeanor charge, depending on the situation. This applies to cases tried as an assault and battery charge involving a current or former intimate partner, a family member, or a person living in the same household. Penalties for a first-time offense often range from:
- Up to a year in county jail
- Fines of up to $5,000
These penalties may be significantly higher when the charge carries any aggravating factors. Those can extend penalties further.
Note that in a simple assault matter, the jail term is up to 90 days and fines of up to $500 may be applied. Assault and battery charges escalate the charges.
Subsequent Offenses for Domestic Violence Convictions in Oklahoma
In situations where a person has a previous conviction of domestic violence on their record, the court can levy more substantial consequences. This may include:
- Up to four years in prison
- Fines of $5,000 or more
In addition, if the charge involves repeat offenses, it escalates the conviction from a misdemeanor to a felony. Long-lasting consequences occur when this remains on your record.
Additional Consequences of Domestic Violence Convictions
In addition to these potential consequences, a conviction of domestic violence also results in a permanent prohibition of possessing a firearm or ammunition. This applies in a conviction of any domestic violence charge, whether a misdemeanor or a felony charge.
Other potential consequences may include:
- Required counseling and mental health evaluation
- Responsibility for all costs involved in treatment and legal matters
- Loss of voting rights in some cases
Each situation opens the door for long-term impact to a person’s ability to work, maintain professional licenses, and engage in social relationships.
Factors That Warrant Aggravated Domestic Violence Charges
Under 21 OK Stat § 644v1, a person may face aggravated charges in situations where there are extenuating circumstances. This includes:
- Strangulation: Domestic violence that includes choking or attempted choking of a domestic partner is a separate felony charge. In these situations, a first offense can result in up to 3 years in prison, with subsequent convictions resulting in up to 10 years in prison.
- Pregnancy: If a person commits domestic violence against a pregnant woman, it is a misdemeanor charge for a first offense. If, however, the result is a miscarriage or injury to the unborn child, the case is escalated to a felony charge. This results in a minimum of up to 20 years in prison.
Other factors may apply in some situations. In all cases, it becomes essential that those facing charges represent themselves fully under the law.
Legal Guidance Is Critical
Seek the guidance of a domestic violence defense attorney in Oklahoma to minimize the risk of facing unfair charges. Choose an attorney with specific experience in cases like your own.
