What Is Domestic Assault by Strangulation and What is The Punishment in Creek County

Domestic Assault By Strangulation

Domestic assault by strangulation is a serious offense under Oklahoma law, and Creek County is no exception when it comes to prosecuting this crime. By knowing exactly what these charges mean, you’ll best be able to navigate the process. Here, we’ll discuss not only what they mean, but the potential consequences and some possible defenses.

Legal Elements of Domestic Assault by Strangulation

Domestic assault by strangulation occurs when a person intentionally and unlawfully uses physical force to impede the normal breathing or circulation of blood of a family or household member. Even with no visible injuries, the act itself constitutes a crime due to the potential for serious harm or death. Under Oklahoma law, this type of assault is classified as a felony due to its severe nature and the high risk of fatality associated with strangulation. To charge you, the prosecution must prove certain elements:

  1. Intentional Act: The act of strangulation must be intentional, not accidental.
  2. Physical Force: The use of physical force to impede breathing or blood circulation.
  3. Domestic Relationship: The victim must be a family or household member, such as a spouse, former spouse, person otherwise related by blood or marriage, or someone currently or previously residing in the same household as the defendant.

All of these criteria must be met and proven beyond a reasonable doubt in order for you to be convicted.

Punishments in Creek County

The classification as a felony demonstrates the state’s strict stance on domestic violence. The penalties for a conviction can be severe and may include:

  • Prison Time: A conviction can result in imprisonment for up to three years, however, for subsequent offenses, the imprisonment term can extend up to ten years.
  • Fines: Fines often reach up to $3,000.
  • Probation: In some cases, the court may opt for probation instead of or in addition to prison time.
  • Protective Orders: The victim can seek protective orders to prevent the defendant from contacting or approaching them.
  • Criminal Record: A felony conviction will result in a permanent criminal record, impacting the ability to find employment, housing, and more.

While these are a general idea of possibilities, the exact punishment will be determined by the specific details of your case.

Legal Defenses Against Domestic Assault by Strangulation

Defending against a charge of domestic assault by strangulation requires an understanding of the law and the case. Potential defenses may include:

  • Lack of Intent: Demonstrating that the act was not intentional or was accidental.
  • Self-Defense: Arguing that the act was in self-defense or in defense of others.
  • False Allegations: Providing evidence that the accusations are false or that the alleged victim has a motive to lie.

Although these are just some options, your attorney will be able to look at the exact details and tell you what to do based on your case.

Creek County Criminal Defense Attorneys

Domestic assault by strangulation comes with significant legal repercussions in Creek County. Anyone facing such charges should seek immediate legal counsel for help protecting their rights and navigating the criminal justice system. If you’re currently facing charges, our team at Kania Law Creek County Attorneys can help throughout the process and advocate for you. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.