Domestic assault and battery charges are taken very seriously in Tulsa and throughout Oklahoma. While many first-time domestic assault and battery cases are charged as misdemeanors, certain factors can elevate the offense to a felony—dramatically increasing potential prison exposure and long-term consequences. Understanding when a domestic case becomes a felony is critical, because the difference between misdemeanor and felony treatment can permanently affect your record and civil rights.
What Is Domestic Assault and Battery?
Domestic assault and battery generally involves intentional physical contact that is harmful or offensive against a household member. “Household member” can include:
- A current or former spouse
- A person with whom the defendant has a child
- Someone currently or formerly living in the same household
- A dating partner
Even minor physical contact, if intentional and unlawful, can support a charge.
Prior Convictions Can Elevate the Charge
One of the most common ways a domestic assault and battery charge becomes a felony is through prior convictions.
If a person has previous convictions for domestic assault and battery, subsequent offenses may be charged as felonies. Repeat domestic violence allegations significantly increase sentencing exposure and may result in state prison time rather than county jail.
Prosecutors in Tulsa closely review a defendant’s criminal history when determining how to file the case.
Aggravated Domestic Assault and Battery
Domestic assault becomes a felony when it qualifies as aggravated domestic assault and battery. This generally occurs when the alleged victim suffers serious bodily injury.
“Serious bodily injury” may include:
- Broken bones
- Significant disfigurement
- Loss or impairment of bodily function
- Injuries requiring substantial medical treatment
When serious injury is alleged, felony prosecution is likely.
Strangulation or Attempted Strangulation
Allegations involving strangulation or attempted strangulation are frequently charged as felonies.
Oklahoma law treats strangulation in a domestic context as a distinct and serious offense because of the heightened risk of death or severe injury. Even without visible injury, prosecutors may pursue felony charges based on the alleged conduct.
These cases often carry substantial prison exposure.
Use of a Dangerous Weapon
If a dangerous weapon is allegedly used during a domestic incident—such as a firearm, knife, or blunt object—the charge can be elevated to a felony.
The presence of a weapon significantly increases the seriousness of the case and the potential penalties.
Violation of a Protective Order
If the alleged domestic assault occurs while a valid protective order is in place, additional felony charges may apply.
Protective order violations are prosecuted aggressively in Tulsa, particularly when combined with allegations of physical violence.
Penalties for Felony Domestic Assault
Felony domestic assault and battery convictions can result in:
- State prison sentences
- Substantial fines
- Mandatory supervision
- Loss of firearm rights
- Long-term impact on employment and housing
A felony conviction also permanently affects civil rights and may limit future legal options.
Tulsa Criminal Defense Attorneys
In Tulsa, domestic assault and battery becomes a felony when aggravating factors are present, such as prior convictions, serious bodily injury, strangulation, use of a weapon, or violation of a protective order. The presence of these factors substantially increases potential prison time and long-term consequences. Get a free consultation with a defense attorney at Tulsa County Lawyers Group by calling 918-379-4864. You can also ask an online legal question by following this link.
