How does the presence of a child affect a domestic abuse or domestic assault and battery charge in Oklahoma?
Answer: When you have a child present, it can greatly enhance the punishment of a crime. For example, a person commits assault and battery against a current or former spouse, present spouse of a former spouse, a former spouse of the present spouse, parents, a foster parent, a child of her, or a person otherwise related by blood or marriage, or with whom the defendant is or was in a dating relationship with, or with whom that person has a child, formerly lived with them, basically had any kind of personal relationship with them, commits an assault and battery upon that person, that is a domestic assault and battery. That can carry a maximum of one year for a first offense, and a fine not exceeding $5,000, or both. When you have a child involved, that punishment on an initial, it has a minimum of six months with the maximum of one year, with a fine not exceeding $5,000. So you go from having no minimum, in other words, you could be sentenced to a day in jail, depending on the finding of the jury or the judge, to if you are convicted, then you have to serve at least a minimum of six months when the child is present. So it enhances the punishment is how it would affect that charge.