Any individual charged with assault and battery in Muskogee can be convicted under either Muskogee’s ordinances or under Title 21 of the Oklahoma Statutes. However, a person suspected of domestic assault and battery will be charged under Oklahoma state law.
A conviction of domestic assault and battery is especially serious. You could spend anywhere from one year to life in prison, depending on the circumstances.
Defining Assault and Battery in Muskogee and Oklahoma
In the city of Muskogee and in the state of Oklahoma, assault means any willful and unlawful attempt or offer with force or violence to do corporal hurt to another. A defendant need not actually harm or even come into physical contact with the victim to be charged with assault. The attempt is enough. Okla. Stat. tit. 21 § 641
Battery, on the other hand, means any willful and unlawful use of force or violence upon the person of another. A charge of battery requires that the defendant actually come into physical contact with the victim.
Domestic Assault and Battery Under Oklahoma Law
A defendant who commits domestic assault and battery faces up to one year in county jail and a fine of $5,000. Repeat offenders face up to four years in the state Department of Corrections and a $5,000 fine.
If the defendant uses a sharp object or other dangerous weapon during the domestic assault and battery, they will be charged with a felony and face imprisonment of up to 10 years. Shooting the victim or using a deadly weapon in the commission of a domestic assault can result in life in prison. Okla. Stat. tit. 21 § 644
Defining a Domestic Relationship in Oklahoma
To be charged with domestic assault and battery, the defendant must have been in a “domestic relationship” with the victim. Oklahoma law defines this broadly; it is not limited to people who are in a romantic relationship with one another.
A defendant who has a present or past spousal relationship with the victim will satisfy the definition of a “domestic relationship.” This can be a current or former spouse. This can even be an ex-spouse’s new spouse, or a present spouse’s ex-spouse.
The victim may also have a parental or blood relationship with the defendant to qualify as a “domestic relationship.” This includes parents, foster parents, children, or any person related by blood or marriage.
The defendant may also have a non-blood relationship with the victim. This may be a person with whom the defendant is or was in a dating relationship, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant.
Low-cost Consultation: Muskogee Criminal Defense Lawyer
If the authorities are investigating you in Oklahoma, contact an experienced Muskogee criminal defense lawyer as soon as possible. He or she will protect your legal rights. Your
Call Wirth Law Office – Muskogee today at 918-913-0725 or toll free at 1-888-447-7262 [Wirth Law].
