Q: If i got domestic violence charge 9 years ago and i just another one yesterday is it a felony
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
