In Oklahoma, domestic assault in the presence of a minor charges are taken very seriously. They can be even more serious if the charge is enhanced by claims of domestic assault by strangulation. If you’ve been charged with domestic assault and battery in the presence of a minor, you may be wondering if it’s a felony or a misdemeanor, or what the possible penalties are if you are found guilty.
Here’s what you need to know about how Oklahoma law treats this offense.
Is It a Domestic Assault a Felony?
Yes, domestic assault and battery in the presence of a minor can be charged as a felony in Oklahoma under certain conditions. Whether or not it’s charged as a felony or a misdemeanor depends on the facts of your case.
In Oklahoma, crimes and punishments are set out in Oklahoma statutes. Under 21 O.S. § 644(F), if someone commits domestic assault and battery in the presence of a minor child (defined as a person under 18 years old), and it’s a second or subsequent offense, it can be charged as a felony. The key factors that can elevate this charge include:
- Having a prior conviction for domestic assault and battery. This can include pleading to it in the past and having a deferred sentence.
- Committing the offense in front of a minor child. The child must be under the age of 18 and doesn’t have to be a child to the person being charged.
If it’s your first offense, the charge may still be a misdemeanor, but the fact that a child witnessed the event can result in enhanced penalties.
Penalties for Domestic Assault and Battery in the Presence of a Minor
The penalties depend on whether you are facing a misdemeanor or felony charge:
- First Offense (Misdemeanor): Up to 1 year in jail, and/or a fine up to $5,000.
- Second Offense or More (Felony): You could face 1 to 5 years in prison, along with fines up to $5,000.
In addition to jail or prison time, courts often order:
- Mandatory counseling or anger management classes,
- Protective orders preventing contact with the alleged victim,
- Probation, with strict conditions,
- Long-term consequences for child custody, employment, and gun rights.
Why the Presence of a Minor Matters
Oklahoma law considers domestic violence in front of a child especially harmful. Witnessing violence can or any assault and battery have long-term emotional and psychological effects on minors, and prosecutors often pursue these cases aggressively.
Judges and prosecutors may treat cases more harshly when children are involved, even if the child was not physically harmed.
Defending Against These Charges
If you’ve been charged with domestic assault and battery in the presence of a minor, it’s crucial to speak with an experienced criminal defense attorney immediately. Defenses may include:
- False allegations,
- Lack of evidence,
- Self-defense,
- No prior convictions (to avoid felony enhancement).
Tulsa County Assault Attorneys You Can Count On
Domestic assault and battery in the presence of a minor can have serious consequences in Oklahoma, including felony charges and prison time. If you are facing this type of charge, you need to act quickly to protect your rights and build a strong defense.
Get a free legal consultation with a criminal defense lawyer from the Tulsa County Lawyers Group. Call 918-379-4864. Or you can ask a free legal question online by clicking here.
