Hinckley, MN asked in Criminal Law and Domestic Violence for Oklahoma

Q: If i got domestic violence charge 9 years ago and i just another one yesterday is it a felony

1 Lawyer Answer

Craig M. Hoehns

Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: 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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