Q: 2 domestic incidents within 3 months of each other, am i looking at prison time? The anger is from my drug addiction.
I wasn’t arrested either time because I fled. My kids were at home both times. I have a drug problem that needs addressed, that’s the reason all this has happened, because of my drug addiction. I know the first charge domestic a & b with strangulation is NOT good. Now add a second incident on top of that 2 1/2 months later where my wife broke a bone in her foot/leg and I know I’m screwed, I’m assuming domestic a & b with great bodily injury is my charge but not sure exactly. We live in a nice house in south Tulsa, we both have good jobs etc. but I have a drug addiction. Would it benefit me to enter into a rehab now or wait til I’m arrested? No priors ever for anything like this before. A couple DUI’s 10+ years ago but that’s it. I don’t even drink now. Am i looking at prison time??
A: Anyone that tells you anything different than what you have surmised is simply speculating. Strangulation carries a minimum of one year and up to three years in prison. Lots of those cases actually get dismissed, particularly if the victim doesn’t want to send daddy/ boyfriend to prison. However, when kids are involved, sometimes the state gets involved and when mom has to choose between children and dad it’s typically a pretty easy choice. Domestic assault and battery involving a grievous injury, a broken bone? Yes, likely assault and battery with great bodily injury charge. There are certainly things attorneys can do for you. The first step is to hire one and get a copy of ALL of the evidence. A lockdown treatment facility certainly would not be a bad idea but under the circumstances it also might be difficult to accomplish. I think you’ll find the factor that really challenges the outcome of this case is it happened in the presence of a minor child. Call an attorney immediately.
David A. Cincotta agrees with this answer
1 user found this answer helpful
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.
