Oklahoma Domestic Abuse Attorney
Defense for Domestic Abuse & Domestic Assault Charges in OK
In Oklahoma, certain violent acts committed against someone with whom you share a domestic relationship may be charged as domestic abuse or domestic assault. These charges carry serious penalties and long-term consequences, including mandatory counseling, jail time, and the loss of certain rights.
Who Qualifies as a Victim of Domestic Abuse in Oklahoma?
Under Oklahoma law, domestic abuse includes assault and battery committed against:
- A current or former spouse
- Your spouse’s former spouse or your former spouse’s current spouse
- A parent, child, or other family member (including aunts, uncles, and cousins)
- Someone with whom you share a child
- A current or former romantic partner
- A current or former roommate
- Any other current or former household member
If you’re accused of domestic abuse involving any of the above, the case may be prosecuted more seriously than a general assault and battery charge.
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Penalties for Domestic Abuse in Oklahoma
A first offense of domestic abuse is typically charged as a misdemeanor, punishable by:
- Up to 1 year in county jail
- A fine of up to $5,000
- Mandatory participation in 52 weeks of domestic abuse counseling and treatment
However, the charge may be elevated to a felony under certain conditions, including:
- A prior domestic abuse conviction
- The use of a weapon
- The presence of serious bodily injury
- Committing the offense in the presence of a child
Domestic Assault vs. Domestic Abuse
Although often used interchangeably, Oklahoma law makes a distinction between domestic abuse and domestic assault:
- Domestic Abuse typically refers to an act of assault and battery against someone with whom you share a domestic relationship.
- Domestic Assault is generally more serious, involving a weapon or committed with intent to cause bodily harm. This charge is usually classified as a felony.
The severity of a domestic assault charge also depends on whether a dangerous weapon (e.g., bat, knife) or a deadly weapon (e.g., gun) was used. The more serious the weapon and injuries involved, the harsher the penalties.
Penalties for Domestic Assault
Depending on the facts of the case, a conviction for domestic assault may result in:
- Up to 1 year in county jail (in less severe cases)
- Up to 10 years in state prison (for felony-level offenses)
- Fines, mandatory counseling, and restraining orders
- A permanent criminal record that can affect employment, housing, and gun rights
Free Case Evaluation
If you're facing domestic abuse or domestic assault charges in Oklahoma, you need experienced legal representation. The laws are complex, and the consequences are serious—even for first-time offenders.
Call the Hunsucker Legal Group at (405) 544-2992 to schedule a free, no-risk case consultation today.
Our FAQ
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What is domestic abuse in Oklahoma and does it differ from domestic assault and battery?So, domestic abuse would be, essentially, any person who commits assault and battery upon a spouse, a present spouse, a former spouse, their parents, foster parents, child or someone related to them by blood or someone who the defendant is in a dating relationship with. And then domestic assault and battery is somebody who does bodily injury without justifiable cause or excuse, commits it on a former spouse. Same thing as domestic, it’s just different in the beginning. So simply committing the assault and battery is domestic, but for domestic assault and battery, it has to be with the intent to do bodily harm without a justifiable excuse.
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What are the potential penalties for domestic abuse and/or domestic assault and battery in Oklahoma?So domestic abuse, the first domestic abuse you get in Oklahoma, that’s a misdemeanor. Carries up to a year in the county and up to a $5,000 fine, or both. Now, if you repeat it, it becomes a felony, and just depending on what the number is, you’re looking at a felony carrying a nywhere up to four and then it keeps on going up from there. And then domestic; so assault and battery domestic on that would be a penalty of up to 10 years in the pen, at that point with the department of corrections and there is not really a fine on that. It’s pretty much a jail time offense.
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What is considered a pattern of physical abuse in an Oklahoma domestic abuse case, and how does it impact the charge?I mean three or more separate incidences, including the current one, occurring on different days, where they all occur within a 12-month period. That would be a pattern of domestic abuse. And if you get to a pattern then you are looking at a felony charge . You can charge it either way. If you can fit it under a pattern, then you can charge it under more than domestic assault and battery, you also get the pattern in there as well. So it just gives the DA options as to how they want to file it. And then that would carry initially, if there is domestic A&B with a pattern, up to 10 years and a fine of $5,000 or both, and then it would start climbing after that. If you have three within 12 months, the DA is going to charge you with domestic as a pattern. If it’s just three over a five year span, they’re going to have to just charge you domestic A&B.
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How does the presence of a child affect a domestic abuse or domestic assault and battery charge in Oklahoma?
When you have a child present, it can greatly enhance the punishment of a crime. For example, a person commits assault and battery against a current or former spouse, present spouse of a former spouse, a former spouse of the present spouse, parents, a foster parent, a child of her, or a person otherwise related by blood or marriage, or with whom the defendant is or was in a dating relationship with, or with whom that person has a child, formerly lived with them, basically had any kind of personal relationship with them, commits an assault and battery upon that person, that is a domestic assault and battery. That can carry a maximum of one year for a first offense, and a fine not exceeding $5,000, or both. When you have a child involved, that punishment on an initial, it has a minimum of six months with the maximum of one year, with a fine not exceeding $5,000. So you go from having no minimum, in other words, you could be sentenced to a day in jail, depending on the finding of the jury or the judge, to if you are convicted, then you have to serve at least a minimum of six months when the child is present. So it enhances the punishment is how it would affect that charge.
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DEFENDING OVER 300 CRIMINAL CASES A YEAR John Hunsucker, Director on the Board of the Oklahoma Criminal Defense Lawyer’s AssociationServing as Oklahoma’s NCDD State Delegate, John is also a Faculty Member of the National College for DUI Defense. John and the Hunsucker team surpass the required continuing education each year and train and/or instruct not only on a statewide level, but nationally also.
