OKC Assault & Battery and Domestic Violence Defense Attorneys are looking forward to helping with your domestic violence case!
Read the story below and then contact our domestic violence/assault attorneys!
At Fassio Law, our Oklahoma City domestic violence defense attorneys are compassionate and experienced advocates for clients. A domestic violence charge is a serious matter that should be handled with the highest level of care, sensitivity, and professional legal skill. If you or your loved one is facing a domestic violence charge, we are here to help. For a fully confidential, no obligation consultation with a top Oklahoma domestic violence defense lawyer, please do not hesitate to contact our Oklahoma City law office today.
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). If you or your loved one is facing a domestic violence offense, is it imperative that you have skilled legal counsel.
Facing a domestic violence allegation in Oklahoma City is serious. It is normal to feel stressed, overwhelmed, and even hurt. You need to avoid making a mistake that could undermine your rights and your interests. Here are three main errors that you must avoid:
A domestic violence charge is an allegation. Every person is presumed innocent until proven guilty. You have the right to defend yourself against false, unsubstantiated, and trumped-up allegations. Some defense that can be raised against domestic violence charges in Oklahoma include:
Read the story below and then contact our domestic violence/assault attorneys!
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!
Or Continue reading below for more information on Assault & Battery and Domestic Violence Charges.
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:
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 and battery is defined as an assault and battery that:
Aggravated assault and battery carries up to 5 years in prison and a $500 fine. Read the statute here: 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. Read the statute here: 21 O.S. 759.
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!
Domestic violence charges are especially challenging. A conviction could undermine your freedom and your future. No one wants to spend time in prison or jail. It is crucial that you have a top legal advocate on your side. Founded by a former Assistant District Attorney in Oklahoma, Fassio Law is a women-led criminal defense firm that you can rely on during challenging times. We are proactive. Among other things, our Oklahoma City domestic violence defense lawyers are ready to:
At Fassio Law, our Oklahoma City domestic violence defense is standing by, ready to get started on your legal case today. If you or someone close to you was arrested and charged with domestic violence, we are here as a resource. Call us at (405) 593-8444 or contact us online to set up your fully confidential initial appointment. With an office in Oklahoma City, we serve communities all across the region, including in Oklahoma County. Canadian County, and Cleveland County.