Domestic Violence
A domestic violence arrest can immediately affect your freedom, your family, and your ability to return home. These cases can become complicated quickly, especially when protective orders, children, or conflicting versions of what happened are involved.
A Smart Defense represents clients facing domestic violence charges throughout Oklahoma City and surrounding communities. A domestic violence defense attorney in OKC should examine what happened before the arrest, what each person told law enforcement, whether injuries or other evidence support those statements, and whether defenses such as self-defense apply.
You work directly with your attorney from the first phone call through the resolution of your case. Your case will never be passed off to a junior associate or case manager.
KNOW THE LAW
Domestic Violence Laws in Oklahoma
Domestic violence cases in Oklahoma are prosecuted under 21 O.S. § 644. What separates a domestic violence allegation from a general assault and battery charge is the relationship between the accused and the alleged victim.
Domestic violence can involve spouses, former spouses, people in dating relationships, certain family members, people who share a child, and others who fall within the relationships covered by Oklahoma law.
The fact that an arrest occurred does not establish what actually happened. Domestic violence cases frequently begin with two people giving very different accounts of the same incident. Statements, injuries, photographs, 911 calls, body camera footage, witness accounts, text messages, and the events leading up to the confrontation can all become important evidence
What Are the Penalties for Domestic Violence in Oklahoma?
Misdemeanor Domestic Assault and Battery carries up to one year in county jail and a fine of up to $5,000.
Felony Subsequent Domestic Assault and Battery carries up to four years in prison and a fine of up to $5,000.
Domestic Assault and Battery with a Deadly Weapon carries up to life in prison.
Domestic Assault and Battery Against a Pregnant Woman carries up to five years in prison. A subsequent offense carries up to 10 years in prison. If the offense results in a miscarriage, the punishment can be up to 20 years in prison.
Domestic Assault and Battery Resulting in Great Bodily Injury carries up to 10 years in prison.
Domestic Assault and Battery in the Presence of a Minor carries six months to one year in county jail and a fine of up to $5,000. A subsequent offense is a felony carrying one to five years in prison and a fine of up to $7,000.
Domestic Assault and Battery by Strangulation carries one to 10 years in prison and a fine of up to $20,000.
Additional consequences include a 52-week Batterer’s Intervention Program (BIP) and further compliance hearings.
When 0.15 is the threshold being used to elevate the offense, the accuracy of that evidence matters.
CHARGES UNDER OKLAHOMA LAW
Types of Domestic Violence Charges
First-Offense Domestic Assault and Battery
Misdemeanor Domestic Assault and Battery carries up to one year in county jail and a fine of up to $5,000.
Even when someone has never been in trouble before, a domestic violence case should be taken seriously. The evidence should be reviewed carefully to determine whether the State can prove what actually occurred and whether a legal defense applies. Even misdemeanor Domestic Assault and Battery cases can impact your rights to firearms under federal law.
Second or Subsequent Domestic Violence
Felony Subsequent Domestic Assault and Battery carries up to four years in prison and a fine of up to $5,000.
Prior cases and the circumstances surrounding the new allegation can significantly affect how the case is prosecuted and the potential consequences. The timeline and outcome of your prior case is crucial.
Domestic Violence in the Presence of a Child
Domestic Assault and Battery in the Presence of a Minor carries six months to one year in county jail and a fine of up to $5,000. A subsequent offense is a felony carrying one to five years in prison and a fine of up to $7,000.
The location of the child, what the child allegedly witnessed, and the circumstances surrounding the incident should be carefully examined rather than assumed from the initial allegation.
Domestic Violence by Strangulation
Domestic Assault and Battery by Strangulation carries one to 10 years in prison and a fine of up to $20,000.
These cases require a close review of the alleged victim’s statements, photographs, medical records, body camera footage, witness statements, and other evidence concerning the alleged injury.
Domestic Violence Involving a Deadly Weapon
Domestic Assault and Battery with a Deadly Weapon carries up to life in prison.
The type of object involved, how it was allegedly used, whether injuries occurred, and the statements of everyone present may become critical to the defense.
Domestic Violence Against a Pregnant Woman
Domestic Assault and Battery Against a Pregnant Woman carries up to five years in prison. A subsequent offense carries up to 10 years in prison. If the offense results in a miscarriage, the punishment can be up to 20 years in prison.
The evidence surrounding the alleged assault, injuries, medical treatment, and alleged resulting harm should be carefully reviewed.
Domestic Violence Resulting in Great Bodily Injury
Domestic Assault and Battery Resulting in Great Bodily Injury carries up to 10 years in prison.
When the seriousness of the charge depends on the alleged injury, medical records, photographs, witness accounts, and other evidence concerning the nature and cause of the injury can become particularly important.
WHAT COMES WITH A CONVICTION
The BIP Requirement
One of the significant consequences associated with a domestic violence case in Oklahoma is the Batterer’s Intervention Program, commonly referred to as BIP.
BIP is a 52-week program that will be required in connection with a domestic violence case. Additional compliance hearings will also be required.
A year-long program can create a significant commitment for someone trying to balance employment, family obligations, and the other requirements of a criminal case. Understanding whether BIP will be required and when it should be started should be part of the discussion with your attorney.
Do not begin making major decisions about your case simply because someone tells you that a particular result is inevitable. Your attorney should first understand the evidence, your history, and the circumstances surrounding the allegation.
KNOW YOUR RESTRICTIONS
Domestic Violence and Protective Orders
A domestic violence criminal case and a Victim Protective Order (VPO) are separate legal matters, but they can arise from the same allegations.
An emergency or temporary protective order may restrict contact with the petitioner and can affect where you are permitted to go or who you are permitted to contact. A court may later determine whether a permanent protective order should be entered.
A condition of your bond while on pre-trial release may also be “No Contact with Victim.” Be sure you are aware of all bond conditions in your case.
If you are served with a protective order, read the order carefully and follow its restrictions even if you disagree with the allegations.
Violating a protective order can result in a separate criminal charge.
Do not assume that an alleged victim asking you to communicate makes contact permissible. It does not. If a protective order prohibits contact, speak with your attorney before responding.
WHAT RAISES THE STAKES
What Makes a Domestic Violence Charge Worse
Not every domestic violence case carries the same potential consequences. Certain allegations can substantially increase the seriousness of the case.
Factors that may make a domestic violence case more serious include:
Your attorney should determine what the evidence actually supports rather than simply accepting the most serious version of the allegations.
At A Smart Defense, the attorney you hire is the attorney you work with. Your case is never passed down the line, and your defense is built around you and your future.
Criminal charges are personal. Your defense should be too.
Contact A Smart Defense to speak directly with Alexa about your case.
THE DETAILS MATTER
Evidence in a Domestic Violence Case
Domestic violence cases often depend heavily on what was said and documented immediately after the alleged incident. Preserving and reviewing that evidence can be critical.
Evidence may include:
Your attorney should compare the statements made by everyone involved with the objective evidence whenever possible.
Small inconsistencies can matter. So can evidence that law enforcement overlooked because officers made an early determination about who they believed was responsible.
YOUR SIDE OF THE STORY
Defense Strategies
Domestic violence cases are highly fact specific. An arrest may be based largely on what law enforcement was told during a stressful and emotional situation. A complete defense requires looking beyond the initial police report.
Self-Defense
Being involved in a domestic dispute does not mean you lose the right to defend yourself.
If the other person initiated a physical confrontation, the events leading up to your use of force can be critical. Injuries to both people, witness statements, video footage, photographs, text messages, and prior communications may help establish what actually occurred.
Mutual Combatants
Some incidents involve both people participating in a physical confrontation.
The fact that one person was arrested does not necessarily tell the entire story. Your attorney should examine the actions of everyone involved and determine whether the evidence supports the version of events contained in the police report.
False Allegations
Domestic violence allegations can arise during divorces, breakups, custody disputes, and other highly contentious situations.
An allegation should not simply be accepted as true because it was made. Communications before and after the incident, inconsistencies in statements, witness accounts, surveillance footage, photographs, and other evidence may be important when determining whether an accusation is supported.
Insufficient Evidence
The prosecution still has the burden of proving the charge.
When physical evidence does not support the allegation, statements conflict, witnesses provide different accounts, or other evidence contradicts the accusation, those issues should be identified and thoroughly investigated.
What if the Alleged Victim Recants?
A domestic violence case does not automatically disappear because the alleged victim changes their story or no longer wants to participate.
The prosecutor controls the criminal case. If the alleged victim recants, the State may examine prior statements, 911 calls, body camera footage, photographs, witness testimony, and other evidence in deciding how to proceed.
A recantation can still be important, but it should be evaluated along with the rest of the evidence.
WORKING WITH ALEXA SMART
Your Attorney, Not a Case Manager
When you hire A Smart Defense, you hire your attorney — not a case manager, not a junior associate, and not someone you have never met. Alexa Smart handles the legal work on every case herself: reviewing the evidence, building the strategy, and making the calls that matter, from the initial consultation through resolution.
Criminal charges are personal. Your defense should be too.
DOMESTIC VIOLENCE FAQS
Frequently Asked Questions About Domestic Violence Questions
What are the penalties for domestic violence in Oklahoma?
The penalties depend on the specific charge and circumstances. Misdemeanor Domestic Assault and Battery carries up to one year in county jail and a fine of up to $5,000. More serious domestic violence offenses can carry substantial prison sentences, including up to life in prison for Domestic Assault and Battery with a Deadly Weapon.
Is a first domestic violence charge a felony in Oklahoma?
It depends. If certain aggravating factors exist like strangulation or great bodily injury, your case may be charged as a felony.
What is the Batterer’s Intervention Program in Oklahoma?
The Batterer’s Intervention Program, commonly called BIP, is a 52-week program that may be required in connection with a domestic violence case. Additional compliance hearings may also be required.
What is the punishment for Domestic Violence by Strangulation in Oklahoma?
Domestic Assault and Battery by Strangulation carries one to 10 years in prison and a fine of up to $20,000.
What happens if the alleged victim does not want to press charges?
The alleged victim does not control whether the criminal case continues. Once law enforcement and prosecutors become involved, the prosecutor determines whether the State will continue pursuing the case.
Can domestic violence charges be dismissed if the alleged victim recants?
A recantation does not automatically result in dismissal. Prosecutors may rely on other evidence, including 911 calls, body camera footage, photographs, witness statements, and statements made shortly after the alleged incident.
Can I claim self-defense in a domestic violence case?
Self-defense may be an issue in a domestic violence case when the accused was responding to force or a threat of force from the other person. Whether self-defense applies depends on the specific facts and evidence surrounding the confrontation.
Can a domestic violence charge affect child custody?
Domestic violence allegations can become relevant in custody and family court matters. The effect will depend on the allegations, the status and outcome of the criminal case, and the circumstances of the custody proceeding.
What should I do after being arrested for domestic violence?
Follow all bond conditions and protective-order restrictions. Do not contact someone when a court order or bond condition prohibits contact, even if that person contacts you first. Preserve text messages, photographs, videos, witness information, and other evidence that may be relevant to what occurred. Contact a criminal defense attorney as soon as possible so the evidence and allegations can be reviewed.
Do I need a domestic violence defense attorney in OKC?
Domestic violence cases can involve serious criminal charges, protective orders, conflicting witness accounts, self-defense issues, and evidence that may disappear quickly. An attorney can review the evidence, determine what the State must prove, preserve evidence supporting your defense, and develop a strategy based on the circumstances of your case.
Domestic Violence Defense Throughout Oklahoma
A Smart Defense represents clients facing domestic violence charges in Oklahoma City and surrounding communities, including Edmond, Norman, Moore, and Midwest City.
Whether you are facing a misdemeanor Domestic Assault and Battery allegation or a serious felony domestic violence charge, your defense should begin with a careful analysis of what actually happened and what the evidence can prove.