How Do I Defend Against Domestic Assault by Strangulation Charges in Okmulgee

Domestic Assault by Strangulation

In Oklahoma, domestic assault by strangulation is a severe felony offense. This is due to its dangerous nature and the potential to inflict serious harm. Further, it can cause lifelong physical and mental damage to the victim. When you’re facing these charges, understanding your options and what comes next is imperative. Here, we’ll discuss exactly what these charges mean, your options for defenses, and what could happen in the future.

Understanding the Charge of Domestic Assault by Strangulation

Domestic assault by strangulation involves both attempted and successful asphyxiation. The definition of asphyxiation is the intentional impeding of the breathing or circulation of a person. Legally, this involves a domestic partner who applies pressure on the throat or neck, or by blocking the nose or mouth. Domestic partners include a current or former spouse, a child, a person living in the same house, and others. Okmulgee County classifies this as a felony due to the high risk of death or serious bodily injury it involves.

Legal Consequences

The penalties for domestic assault by strangulation in Okmulgee County are harsh. However, this helps reflect just how serious and dangerous the crime is. The first offense can result in up to three years in prison. After this, any further offenses can result in up to ten years. Additionally, these charges also result in a permanent criminal record, which can impact your future in many ways. Due to it being a felony, this charge also comes with further consequences such as loss of gun rights.

Defenses Against Domestic Assault by Strangulation Charges

When you’re facing charges for domestic assault by strangulation, there are many things you need. One of the things you’ll do is prepare a defense strategy. This is where you try to explain why you should not be convicted or why the penalties should be lower. Some possible defenses include:

  1. Challenge the Evidence
    • Question the Credibility of Accusations: Some defenses focus on the credibility of the accuser, mainly in cases where reasons to lie about the event could exist, such as during custody battles or divorces.
    • Forensic Analysis: Involving medical professionals who can explain medical reports and/or physical evidence could be beneficial. These professionals could argue against the alleged cause of injuries such as bruises, explaining other potential sources of the injuries.
  2. Self-Defense
    • Self-defense can be argued if there is evidence that the accuser was the initial aggressor and you reasonably believed that you were at imminent risk of bodily harm.
  3. Lack of Intent
    • Demonstrating that the action was not intentional but accidental during a mutual altercation could mitigate charges, focusing on the lack of intention to choke or strangle.
  4. False Accusations
    • Unfortunately, false accusations occur. Proving that there is evidence that the alleged victim has lied or has a motive to manipulate the situation can be a strong defense.
  5. Insufficient Proof
    • If the prosecution cannot prove each aspect of the charge beyond a reasonable doubt, the defense can argue for the case to be dismissed due to insufficient evidence.

While these are just some potential defenses, an attorney can walk you through what the best defenses would be based on the specifics of your case.

Things to Consider

When facing criminal charges, there are a few things you need to think about. Given the complexity of laws and individual cases, seeking legal counsel from a qualified attorney is important. They’ll be able to walk you through your next steps and what you need to know. You should also prioritize your evidence you plan to present. This includes any physical evidence, text messages, emails, or witness statements that can support your version of events.

Beyond immediate consequences, a conviction can have long-lasting effects on your personal life, employment, and civil rights. Your reputation is likely to have irreparable damage to it when these charges are levied against you. As such, you should prepare for a lengthy battle when facing these allegations. Although the process seems intimidating, these are steps you must go through to get the best possible outcome for your case.

Okmulgee Criminal Defense Attorneys

Defending against a charge of domestic assault by strangulation in Okmulgee requires a lot of thought and preparation. One of your most important first steps is getting legal representation to help you through the process. This will provide you with your best chance at avoiding conviction or minimizing penalties. When you’re facing charges of domestic assault by strangulation, our team at Okmulgee Lawyers can help. For a free and confidential consultation with one of our criminal defense attorneys, call us at 918-621-8083 or click here to ask a free online legal question. To learn about other legal topics, check out our Okmulgee law blog.