It was love at first sight – Domestic Violence Charges:
As much as he hated to do it, he knew he couldn’t stay in this relationship, especially with his daughter in the house. So he ended things. He thought it had been bad before, but when he tried to break up with Jessica, things got much worse. Hundreds of aggressive text messages, she started calling his boss and other people in his life, and just generally making a mess of everything. Even to the extent of threatening to have people beat him up. Just when he thought it couldn’t get any worse, the police showed up and put handcuffs on him and drug him to jail. Apparently, Jessica had told the police that he had assaulted her. And now he was being arrested for domestic violence.
In a lot of situations, domestic violence charges turn into he-said she-said type cases. So Scott had a choice, he could try to fight this case using testimony from his boss, his daughter, and other people in his life. But that would have risked everything. He could go to jail, lose his daughter, lose his job, and have his record forever tarnished. After discussing all of his options with Fassio Law, Scott met with a counselor to get some reports and assessments that the prosecutor wanted to see. After that, we were able to get his charge reduced. and, after completing a class and a little community service, this charge can be dismissed and Scott can move on with his life.
If things have gotten out of hand with your significant other. leading to police involvement, make sure you’ve got an attorney on your side who can work with you and within the justice system to help you move on with your life!
No one wants to spend time in prison or jail! So if you have been charged with any type of Assault and Battery offense, you need to hire the best attorney you can! Hire OKC Assault & Battery Defense Attorney Marcy Fassio to protect you against Assault & Battery Charges!
Domestic Assault and Battery – Domestic Violence Charges
Assault and Battery against certain people, including a spouse, family member, or person you are dating, is categorized as Domestic Violence. There are specific things that the prosecution must prove, and many nuances to this type of charge. For example, a person charged with this offense will likely have to complete a 52 week BIP class (Batterers’ Intervention Program).
Felony Assault Crimes and the 85% Rule
Have you recently been charged with Assault & Battery? In the State of Oklahoma, all assault crimes are not seen as equal and, depending on the circumstances, an individual could potentially face life behind bars in the state penitentiary. Some assault crimes are misdemeanors, but many are felony crimes, including Assault and Battery With a Dangerous Weapon or Assault and Battery With a Deadly Weapon.
A few felony assault crimes are under the category of the “85 Percent Rule,” which regulates the amount of time an inmate must complete before even being eligible for parole. The “85 Percent Crimes” are listed in 21 O.S. 13.1 and mention the following crimes:
- Poisoning with intent to kill
- Shooting with intent to kill, use of a vehicle to facilitate use of a firearm, crossbow or another weapon, assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodily harm
- Assault with intent to kill
- Nursing home abuse
- Aggravated assault and battery upon any person defending another person from assault and battery.
To illustrate, if a person were convicted of assault with intent to kill, and sentenced to 10 years in prison, under the 85 percent rule, they would have to serve a total of 8 1/2 years behind bars before they could even be considered for parole!
The 85% rule is just one reason that you must be sure that you have a knowledgeable and experienced defense attorney on your side! Contact Fassio Law today – your freedom could be on the line.
Aggravated Assault & Battery
Aggravated assault and battery is defined as an assault and battery that:
- Results in substantial bodily damage (broken bones), or
- Is committed against someone who is weak or incapacitated.
Aggravated assault and battery carries up to 5 years in prison and a $500 fine. 21 O.S. 647. However, if long-term damage is caused, the person can be charged with Maiming, which carries up to life in prison. 21 O.S. 759.
“Intent to Kill” Crimes
If you are charged with an Intent to Kill crime, such as Shooting with Intent to Kill, a conviction would carry the weight of the 85 percent rule. These crimes carry a punishment of up to life in prison. In Oklahoma, life in prison is calculated as 45 years. Thus, in order to get parole, you would have to serve over 38 years.
Intent to Kill crimes are “specific intent” crimes, which means that the prosecution has to prove the mens rea, or mental intent, element of the crime. The prosecution often attempts to prove this through circumstantial evidence. Having an attorney who is familiar with the various methods of proving, and contesting, this evidence is crucial!
You Need OKC Criminal Justice Attorney Marcy Fassio For a Strong Defense
When charged with a crime such as aggravated assault & battery, assault, assault with a deadly weapon & other assault crimes, you need to hire OKC Criminal Defense Attorney Marcy Fassio.