Understanding Domestic Violence Charges
Facing domestic violence charges can be devastating and may have lasting impacts on many areas of your life. If you are found guilty, a domestic violence conviction could become a permanent criminal record. Oklahoma courts take accusations of domestic violence very seriously, and so should you.
If you have been accused of or charged with domestic violence in Tulsa or other parts of Oklahoma, I can help. At Military Law Group, I represent clients facing domestic violence charges in Tulsa, the Creek and Cherokee Nations, Creek County, Rogers County, and throughout the Tulsa metro area. As a criminal defense attorney, I am committed to protecting the rights of my clients and providing aggressive and skilled defense representation to each and every client I serve.
Domestic Violence in Oklahoma
In Oklahoma, assault or battery may be considered domestic violence when the offense is committed against a:
Former or current spouse
Former spouse’s current spouse
Former or current intimate partner
Former or current roommate
Person with whom you share children
Under Oklahoma law, domestic abuse is defined as an act or threat of physical harm committed by an emancipated minor, a minor aged 13 or older, or an adult. Domestic violence can take many forms, including but not limited to the following:
Sexual assault or abuse
At Military Law Group, I understand that each case is unique, which is why I am dedicated to thoroughly investigating the details of your case to help you understand your best defense options.
Possible Consequences of a Domestic Violence Conviction
In Oklahoma, a first-time domestic violence offense is treated as a misdemeanor unless the offense involves strangulation, great bodily injury, abuse of a pregnant woman, use of a deadly weapon, or other aggravating factors. Subsequent domestic violence is generally a felony offense rather than a misdemeanor. A domestic violence conviction can have life-changing consequences and may affect the defendant’s rights, privileges, and opportunities.
Depending on the nature and circumstances of the offense, domestic violence convictions are generally associated with the following consequences:
Loss of a job or professional license
Loss of the right to possess firearms
Loss of custody rights
In addition to these ramifications, individuals facing domestic violence charges may have to deal with a restraining order that prohibits them from having contact with the alleged victim and/or orders them to stay away from the alleged victim’s place of residence and work and stop the unwanted behavior (abuse, threats, harassment, stalking, etc.).
Domestic violence allegations could lead to severe penalties and life-long consequences depending on the facts of your case. That is why you need the assistance of an experienced criminal defense attorney to explore your defense options to drop the charges if you are innocent or minimize penalties.
Defenses to Domestic Violence Charges
There are various defense strategies that may be available to individuals facing domestic violence charges. Each case is unique, so the sooner you contact a skilled criminal defense attorney, the sooner you can start building an effective defense strategy. Some of the most commonly used defense strategies in domestic violence cases include:
False allegations. Not all claims of domestic violence are true. Often, people make false accusations of domestic violence for personal revenge or to gain an advantage in court proceedings (e.g., child custody). In cases where domestic violence charges are based on false allegations, the defendant can use it as their defense to avoid a conviction. However, proving that the abuse, violence, or threat of abuse/violence never occurred may not always be easy.
Self-defense. Another common defense strategy in a domestic violence case is claiming that the defendant was trying to defend himself/herself or his/her children. However, proving self-defense in a domestic violence case can be tricky, especially if the accuser is a female and the accused is a male. A self-defense argument can be successful if the defendant can prove that (a) they believed they were in imminent danger and (b) they used a reasonable amount of force to defend themselves or their kids.
The act was unintentional. Oklahoma law requires the prosecution to prove that the defendant had the intent to commit a crime in order to prove their guilt. However, if you can prove that the incident occurred by accident and that your actions were not intentional, you may be able to get domestic violence charges dropped.
Innocence. If you or your attorney can prove your innocence, you will not be convicted of domestic violence. In most cases, innocence can be demonstrated through witness statements proving that you have an alibi and were elsewhere at the time of the alleged incident.
Time is of the essence when facing domestic violence charges. Oklahoma courts take allegations of domestic violence very seriously, which is why it is important to act quickly. Contact a strategic criminal defense attorney as soon as possible to start working on your defense.
Don’t Face Charges Alone. Call Now.
Domestic violence charges can have life-altering ramifications. A conviction can stay on your criminal record for the rest of your life, tarnishing your reputation, career, and relationships. The stakes are too high to face these charges alone. As a criminal defense attorney at Military Law Group, I have the expertise and skills you need to protect your rights and future. Contact my office in Tulsa, Oklahoma, to schedule a consultation and discuss your case.