Q: If i got domestic violence charge 9 years ago and i just another one yesterday is it a felony
In Oklahoma, the answer depends on what happened with the prior charge as well as what the current allegations are in your new case.
If the previous case resulted in a conviction (time to serve or a suspended sentence), then the current allegation can be charged as a felony.
If a deferred sentence was completed on the previous case (resulting in no conviction) then an argument can be made that the new offense should be properly filed as a misdemeanor. If this is your situation, you should hire an experienced attorney to handle your case to make sure the case is handled as a misdemeanor. (Note: the law now treats deferred sentences on domestic violence offenses as convictions to enhance subsequent offenses to felonies; however, the law did not allow for that nine (9) years ago. An experienced attorney can litigate this issue for you).
If the new case involves strangulation, a sharp or dangerous weapon, or great bodily injury, it can be filed as a felony.
I encourage you to consult with an experienced attorney about your case.
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