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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default Misdemeanor Domestic Abuse Assault and Battery, First Offense

    My question involves criminal law for the state of Oklahoma i have a deferred felony 2003 and a suspended felony 2010 both non violent on my background now i'm being charged with misdemeanor domestic abuse assault and battery 2012 first offence what happens now will my prior offences affect me I'm sure they will in some way but will I be able to qualify for domestic abuse classes and probation or will I get locked up because of my priors I was never arrested but a warrent was issued for me the state is pressing charges I'm saving for a lawyer but untill then I would like to know the possable outcome of this for me I need to ease my mind on this matter can't really sleep at night and I'm worried on what's going to happin do I even have a chance of probation this is my first violent charge please help someone thank you for your time to answer on this matter

  2. #2
    Join Date
    Jul 2012
    Posts
    100

    Default Re: Misdemeanor Domestic Abuse Assault and Battery First Offence

    I don't know that anyone could answer that question for sure, especially without further details of your prior record. Even though the 2003 and 2010 felonies were non-violent, a judge may still take your past behavior into account when determining the sentence for this latest offense. Do you plan to plead guilty to the domestic abuse charge?

  3. #3
    Join Date
    Apr 2006
    Location
    Midwest
    Posts
    2,347

    Default Re: Misdemeanor Domestic Abuse Assault and Battery First Offence

    Are your priors related to domestic violence? You post they are both felonies but non-violent, so that leads me to surmise they are unrelated.

    But, if your priors were after you turned 18, they very well may be considered during the prosecution of your current charge.
    "Stupidity is the only universal capital crime; the sentence is death.
    There is no appeal and execution is carried out automatically without pity."
    Robert A. Heinlein

  4. #4
    Join Date
    Jul 2012
    Location
    East Coast
    Posts
    100

    Default Re: Misdemeanor Domestic Abuse Assault and Battery First Offence

    You say you are quite worried about the future? That you have trouble sleeping? That's good...part of any punishment is thinking about the victim: Thinking about how *they* feel, how *they* worry, how *they* fear....as a repeat offender, it ain't just all about you and your punishment.

  5. #5
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,248

    Default Re: Misdemeanor Domestic Abuse Assault and Battery First Offence

    For a misdemeanor domestic, chances are that you will be allowed an opportunity to do a domestic violence program. One that you will have to find the money to pay for and one that is state approved. You'll probably be saddled with a permanent domestic conviction however. The state is pressing against you, which means they are not going to let up. You might want to rethink the saving for an attorney thing and use that money to pay for the services you will have to do.

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