Defending Against Assault or Domestic Violence Charges
Sometimes situations get out of hand. Arguments can lead to raised voices and unintended, empty threats. Most of the time, people’s personal disagreements end in a resolution or by someone walking away. But sometimes neighbors or witnesses misunderstand what is going on and fear for someone’s safety. People often misinterpret a situation they aren’t involved in, which can lead to accusations of violence and domestic abuse. There are many cases in which people are arrested and charged with domestic abuse when no such violence occurred. This is when defendants need an experienced Oklahoma criminal defense attorney like those of Brown & Gould, PLLC to advise them on their rights and defend them in court.
Assault & Domestic Violence
Under Title 21 Section 21-641, assault is defined as any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another. This phrase can be hard to understand, but in essence, an assault is when someone threatens or attempts to physically harm someone else. An assault does not require the victim to be physically injured. The threat or violent action is enough for this crime. The crime of battery is when violence occurs and someone suffers a physical injury.
According to Oklahoma law, domestic abuse occurs when any person commits an assault or battery against a:
- Current spouse;
- Former spouse;
- Present spouse of a former spouse;
- Former spouse of a present spouse;
- Foster parent;
- Person otherwise related by blood or marriage;
- Parent of the defendant’s child;
- Person the defendant is or was dating;
- Person who previously lived with the defendant; or
- Person currently living with the defendant.
The penalty for being found guilty of a domestic violence offense includes up to 1 year in jail and fine up to $5,000. A second or subsequent offense can lead to 4 years in prison and a fine up to $5,000.
Defending Against Allegations of Domestic Violence
There are many potential legal defenses to assault, battery, or domestic violence charges. Your attorney can attack the specific elements of the law to show an assault never occurred. For instance, maybe there was no threat or violent motion. It can also be a defense that there was no way for you to physically carry out such a threat.
It is possible that you were defending yourself or another person from the alleged victim. You can use force or threats of force to defend yourself or another person if you reasonably believe that you or another person are in immediate danger of being hurt. In this case, the law allows for you to use the amount of force or threat necessary to avoid that danger.
Call a Domestic Abuse Lawyer Today
Allegations and charges of domestic abuse can ruin a person’s reputation and divide their family and friends. You should take any assault and domestic abuse charges seriously and work with an experienced defense attorney. The lawyers of Brown & Gould, PLLC will fight for your rights and your reputation. Contact us online today or call 405-235-4500