What Are The Penalties For Domestic Abuse Offenses In Oklahoma?

Domestic Abuse
Domestic abuse charges can be misdemeanors or felonies. Whether it’s a misdemeanor or a felony depends on how many times someone has violated the statute and the presence of any aggravating factors. Aggravating circumstances can make a first-time offense a felony, and they can increase the severity of the punishment for a second or subsequent offense.

First Offense

A first-time domestic abuse case that does not have any aggravating factors will generally be charged as a misdemeanor. Punishment can be up to one year in county jail. The maximum fine is $5,000.

Second Or Subsequent Instance

A second or subsequent instance of domestic abuse is a felony. Punishment can be up to four years in the Department of Corrections. The maximum fine is $5,000.

Domestic Abuse Committed In The Presence Of A Child

Domestic abuse committed in the presence of a child is a misdemeanor for the first offense. It carries a punishment range of six months to one year in the county jail. The maximum fine is $5,000. A second or a subsequent offense of domestic abuse in the presence of a child is a felony. The punishment range is one to five years in the Department of Corrections. The maximum fine is $7,000.

Domestic Abuse Committed Against A Pregnant Woman

Domestic abuse committed against a pregnant woman with knowledge of the pregnancy is a misdemeanor for the first offense. The second or subsequent offense of domestic abuse against a pregnant woman with knowledge of the pregnancy is a felony and carries up to ten years in the Department of Corrections. Domestic abuse committed against a pregnant woman with knowledge of the pregnancy where a miscarriage or injury occurs to the unborn child carries a minimum of 20 years in the Department of Corrections.

Domestic Abuse Resulting In Great Bodily Injury

Domestic abuse resulting in great bodily injury is a felony that carries a punishment of up to ten years in the Department of Corrections. Great bodily injury means bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or substantial risk of death.

Domestic Abuse By Strangulation

Domestic abuse committed with the intent to cause great bodily harm by strangulation or attempted strangulation is a felony. The punishment range is one to three years in the Department of Corrections. The maximum fine is $3,000. For a second or subsequent conviction of domestic abuse by strangulation or attempted strangulation, the punishment range is three to ten years in the Department of Corrections with a maximum fine of $20,000. Strangulation means any form of asphyxia; including, but not limited to, asphyxia characterized by closure of the blood vessels or air passages of the neck as a result of external pressure on the neck or the closure of the nostrils or mouth as a result of external pressure on the head.

Sources:

21 O.S. § 644
21 O.S. § 646

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