Domestic Violence Charges—and Their Penalties Upon Conviction
Not all domestic abuse charges are created equally. Each of these charges describes a different offense and carries specific penalties.
Domestic Assault & Battery
Oklahoma law defines domestic abuse as “any act of physical harm or threat of imminent physical harm” perpetrated by an adult, emancipated minor, or a child age 13 or older against family or household members, or current or former dating partners.
A first-time offense without aggravating factors is usually charged as a misdemeanor and carries penalties of up to one year in county jail and/or a fine of up to $5,000. Second or subsequent offenses are charged as felonies, and people convicted of these crimes can face up to four years in prison and a maximum fine of $5,000.
Domestic assault and battery that involves the use of a dangerous or deadly weapon can carry even harsher consequences.
Domestic Assault & Battery in the Presence of a Minor
Charged as a misdemeanor for the first offense, domestic violence that occurs when a child is present carries a potential punishment of six months to one year in county jail, and fines up to $5,000. As a felony charge, a second or subsequent offense can result in one to five years in prison, and a maximum fine of $7,000.
Domestic Assault & Battery of a Pregnant Woman
When someone commits domestic assault and battery against a woman they know is pregnant, they can be charged with a misdemeanor for a first-time offense; people convicted of this crime can face up to a year in county jail, as well as significant fines. The penalty for a second or subsequent offense, which is charged as a felony, can be a sentence of up to 10 years in prison. However, when domestic violence against a woman known to be pregnant results in miscarriage or injury to the unborn child, perpetrators face a minimum of 20 years in prison.
Domestic Assault & Battery Resulting in Great Bodily Injury
The presence of great bodily injury—such as broken bones or disfiguring, disabling, or life-threatening injuries—is an aggravating factor that makes this charge a felony, even for a first-time offense. Upon conviction, this charge can carry a sentence of up to 10 years in prison.
Domestic Assault & Battery by Strangulation
Strangulation—and attempted strangulation—is an aggravating factor that makes a domestic assault and battery charge a felony. A first-time offense can carry penalties of between one and three years in prison and a maximum fine of $3,000, while a second or subsequent offense can result in a prison sentence of between three and ten years and a fine of up to $20,000.
