OKC Criminal Defense & DUI Attorneys
OKC Criminal Defense & DUI Attorneys

Assault & Battery and Domestic Violence Charges

Facing Domestic Violence Charges in Oklahoma City? Fassio Law is Ready to Help

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.

Understanding the Charge of Domestic Violence in Oklahoma

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.

Three Mistakes to Avoid if Facing a Domestic Violence Allegation in Oklahoma City

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:

  • Mistake #1: Angry Confrontation: Avoid angry confrontation. Reacting aggressively can potentially lead to additional charges and hinder your case. Instead, remain calm and collected. Once an allegation is leveled, you need to go through formal legal channels.
  • Mistake #2: Failing to Hire a Lawyer: Failing to hire a lawyer is a major mistake. Navigating the legal system is complicated. An Oklahoma City domestic violence defense attorney will help you understand your rights, build a strong defense, and maneuver through court procedures.
  • Mistake #3: Violation of a Protective Order: Always comply with a temporary protective order. Violating a protective or restraining order is a grave error. It is a legally punishable criminal offense on its own.

Defenses that You Can Raise Against a Domestic Violence Charge

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:

  1. Self-Defense: If you were protecting yourself from imminent harm, this can form a solid defense. It's necessary to demonstrate that your actions were a reasonable response to the threat posed.
  2. False Allegation: It's unfortunate, but false accusations do occur. Proving the allegation was fabricated can completely absolve you of the charges.
  3. Lack of Proof: The prosecution must substantiate their claim beyond reasonable doubt. If they can't sufficiently provide evidence supporting their allegations, your charges may be dropped.
  4. Alibi: If you can prove that you were not present at the time of the alleged incident, this can be a very effective defense.

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!

It was love at first sight - Domestic Violence Charges

Even though Scott had not known Jessica very long, he was confident that she was the one. So he asked her to move into his house, thinking that they would soon be living happily ever after.
Things quickly went downhill. The romance quickly turned to Jessica being verbally aggressive and manipulative. Even to the extent of trying to cause problems between Scott and his eight-year-old daughter.
Jessica sent him crazy text messages, accusing him of cheating on her, while he was just at work trying to make a living.

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!

Click Here to see different Areas of Practice and types of criminal charges that we can help you with.

Or Continue reading below for more information on Assault & Battery and Domestic Violence Charges.

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.
You dont want to serve time in prison for assault & battery! Contact OKC Defense Attorney Marcy Fassio for the best legal representation.
Get the representation you need in your assault & battery case before heading to the Oklahoma County Courthouse! OKC Attorney Marcy Fassio stands ready to protect & defend!

The 85% Rule - Example

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.

Dont find yourself with a long prison sentence. Get an assault & battery attorney. OKC Attorney Marcy Fassio is ready for your case!
Are you charged with Assault? Get the legal representation you need from OKC Assault & Battery Attorney Marcy Fassio!

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.  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.

"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!

Can They Prove You Committed Assault and Battery or Domestic Violence???

How Our Oklahoma Domestic Violence Defense Attorney Can Help

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:

  • Hear your story and answer your legal questions;
  • Thoroughly review the charges;
  • Represent you before police and prosecutors;
  • Help you with any collateral consequences; and
  • Develop a personalized defense strategy you can rely on.

Contact Our Oklahoma City Domestic Violence Defense Lawyer Today

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.

Click Here to see the Courthouse Areas and Locations We Serve in Oklahoma.


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