Asked in Criminal Law for Oklahoma

Q: My husband is facing assault n battery charges for a domestic but he never hit me n I never said he did

We fought over my purse n I fell to the ground I asked to drop charges n was told no he is facing 15 yrs in prison with 10 out how can I help him

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2 Lawyer Answers
Brian Boeheim
Brian Boeheim
Answered
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: He needs a good attorney. The prosecutor either has video or a third party witness and is trying to strong arm him into a plea. Obviously, I don't have the discovery (evidence) to give you any more guidance, but make sure he doesn't give a statement to police and get him an attorney that handles these cases and isn't afraid to go to trial.

If you need help with this case call Boeheim Freeman Law at 918-884-7791.

Tracy Tiernan agrees with this answer

Tracy Tiernan
Tracy Tiernan
Answered
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: Learned counsel is correct. The first question I ask prospective clients in these types of cases is “who else was present when you and the alleged defendant had this interaction that has been characterized by the police as an assault and battery?” When it’s just the two parties (you and your husband) with no children present and no other third parties witnessing the alleged event, many times the case will be dismissed as the state of Oklahoma (or the prosecuting entity) will have a difficult time making their case when the victim fails to cooperate or show up to give testimony in the face of a subpoena. If, however, this happened in a public place or there are other individuals who observed the event that have been identified and listed As witnesses, then he might very well have a problem. He could end up in a risky, expensive trial with you testifying that no assault and battery took place before he could have a chance of having the charge(s) dismissed. He needs to hire a seasoned trail attorney immediately.

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