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  1. #1
    Join Date
    Jan 2014
    Posts
    1

    Default Stabbing Somebody While Drunk

    My question involves criminal law for the state of: Oklahoma
    My sister in law recently go released from prison in Dec 2013 for her 6th DUI and was time served no probation. 3 weeks ago she very drunk and out of control and stab her mom with a knife in her arm and hand. Then she hit her with a telephone receiver. Mother in law is ok and not badly injuried. Sister in law is current in Jail with the following charges
    A&B W/DANGEROUS WEAPON (DOMESTIC) Surety Bond $50,000.00 and DOMESTIC A&B AFCF Surety Bond $25,000.00.
    We are wanting know how much time she will get for the. My mother in law is filing a protective order against her.
    Thank you for your help

    - - - Updated - - -

    also she gave a false last name. she has her first court date since being arrested tomorrow.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Stabbing Somebody While Drunk

    Your mother can ask the prosecuting attorney about possible outcomes based upon the charges and possible plea negotiations.

    You or she can also score out various possibilities under Florida's sentencing guidelines.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Stabbing Somebody While Drunk

    I'm not sure where Mr K. came up with Florida applying. Here are OK statutes.

    Section 645 - Assault, Battery, or Assault and Battery with Dangerous Weapon
    Every person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon the person of another with any sharp or dangerous weapon, or who, without such cause, shoots at another, with any kind of firearm, air gun, conductive energy weapon or other means whatever, with intent to injure any person, although without the intent to kill such person or to commit any felony, upon conviction is guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years, or by imprisonment in a county jail not exceeding one (1) year.
    http://www.oscn.net/applications/osc...p?CiteID=69269

    Section 644 - Punishment for Assault and Battery
    C. Any person who commits any assault and battery against a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant shall be guilty of domestic abuse. Upon conviction, the defendant shall be punished by imprisonment in the county jail for not more than one (1) year, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. Upon conviction for a second or subsequent offense, the person shall be punished by imprisonment in the custody of the Department of Corrections for not more than four (4) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. The provisions of Section 51.1 of this title shall apply to any second or subsequent offense.
    http://www.oscn.net/applications/osc...p?CiteID=69268

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