State of Oklahoma v. Justin David Morris

Pawhuska, Oklahoma criminal defense lawyer Steve Venturi represented the Defendant charged with ASSAULT AND BATTERY (REDUCED/AMENDED FROM ASSAULT AND BATTERY (REDUCED/AMENDED FROM DOMESTIC ABUSE - ASSAULT AND BATTERY) ).

Reported by: Kent Morlan

In Oklahoma, domestic assault and battery is defined as any willful, unlawful use of force or violence, or an attempt to use force, against a current or former intimate partner, family member, or household member.

Legal Definition and Relationships

Under Oklahoma Statutes Title 21, Section 644, domestic abuse occurs when assault and battery is committed against a protected individual. Protected relationships include:Current or former spouses

Parents and children

Persons otherwise living in the same household or having a child in commonCurrent or former intimate partners

Penalties for Domestic Abuse

Penalties depend on whether the offense is a first-time misdemeanor or involves aggravating factors that turn it into a felony.

First Offense (Misdemeanor): Punishable by up to one year in a county jail, a fine of up to $5,000, or both. Courts often mandate domestic abuse counseling, anger management, or substance abuse treatment.Subsequent

Offenses (Felony): A second or subsequent conviction for domestic abuse is charged as a felony, carrying harsher prison sentences.Factors That Elevate Charges to a Felony

Certain circumstances make domestic assault and battery a felony immediately, even on a first offense:Strangulation or Attempted Strangulation: Using pressure on the neck or airway of a household member.Use of a Weapon: Using a dangerous or deadly weapon, or threatening with one.

Great Bodily Injury: Causing severe, significant, or permanent physical injury to the victim.

Presence of a Minor Child: Committing the act in the presence of a child.

STATE BY BRETT MIZE, ADA. DEFT APPEARING IN PERSON WITH ATTY Steve Venturi. COMES ON FOR PLEA. STATE AMENDS MISDEMEANOR ASSAULT AND BATTERY. DEFT S&T, ADVISED OF RIGTS, WAIVES JURY, NJ, TRIAL, ENTERS A PLEA OF GUILTY, COURT FINDS FACTUAL BASIS, COURT FINDS DEFT COMPETENT AND COURT ACCEPTS PLEA. COURT ORDERS AS TO FOUND GUILTY 90 DAYS ALL SUSP. DEFT PLACED ON UNSUPERVISED RULES AND CONDITIONS. DEFT TO PAY COURT COSTS, INCAR COSTS, $150.00 VCA AND $250.00 FINE. NO CONTACT WITH VICTIM. DEFT ADVISED OF RIGHTS TO APPEAL. BOND EXONERATED.