When is Domestic Abuse Considered a Felony?

In Oklahoma, assault and battery against a person with whom you have or had a relationship may be considered domestic abuse. If the charge is your first offense and there were no aggravating factors, this will generally be charged as a misdemeanor. However, upon your second offense or if there were aggravating factors, you may be facing a felony domestic abuse charge.

What Factors May Elevate a Domestic Abuse Charge?

If you have been arrested for domestic abuse, the charge may be elevated to a felony if:

• You caused great bodily injury (concussion, broken bones, scars, etc.) to the victim
• You caused a mother to miscarry
• You have prior history of domestic abuse

What Are the Penalties for Felony Domestic Abuse?

If convicted of felony domestic abuse, you could face up to four years in prison and a fine of up to $5,000.

Other Domestic Abuse Case Factors

In certain domestic abuse cases, there may be factors that do not necessarily constitute a felony, but can still elevate the potential misdemeanor penalties. Examples include:

• First-offense domestic abuse committed in front of a child, which can result in six months to one year in county jail and up to $5,000 fine
• Second-offense domestic abuse committed in front of a child, which can lead to up to seven years in jail and a fine of up to $7,000

In Oklahoma, all domestic abuse convictions—whether misdemeanor or felony—will require 52 weeks of domestic abuse counseling and treatment.

Defending Domestic Abuse Charges

Domestic abuse charges are prosecuted aggressively in Oklahoma. An experienced defense attorney can help you understand the legal options available to you and mount a solid defense for your case.