A Charge of Domestic Assault and Battery in Presence of Minor in Muskogee Okla. is a Felony

domestic assault and battery in presence of minor oklahoma Committing domestic violence in Muskogee, Oklahoma is a serious crime.

However, you may find yourself in even greater trouble if you commit domestic assault and battery in presence of minor Oklahoma, even if the child is not yours.

If you’ve been charged with domestic assault and battery in the presence of a minor, contact an experienced Muskogee domestic violence attorney right away.

Understanding Domestic Assault

For an assault and battery to be considered “domestic” in Oklahoma, it must have been committed against any of the following:

-Current or former spouse,

-A present spouse of a former spouse,

-A former spouse of a present spouse,

-Parents,

-A foster parent,

-A child,

-A person otherwise related by blood or marriage,

-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,

-A person living in the same household as the defendant,

Domestic assault and battery generally carries a punishment of up to one year in county jail and a $5,000 fine. Penalties increase upon subsequent convictions.

Domestic Assault and Battery in Presence of Minor Oklahoma

Under state law, it is illegal to commit an act of domestic assault and battery in presence of minor Oklahoma.

“In the presence of a minor” means in the physical presence of a child under 18 years old; or having knowledge that a child is present and may see or hear an act of domestic violence. A “child” may be any child whether or not related to the victim or the defendant.

Unlike traditional domestic violence, if convicted, a defendant will have to serve at least six months in jail. A subsequent conviction can result in a penalty of at least one year in jail.