Domestic Assault Causing Bodily Injury | Cannon & Associates (2022)

Domestic Assault and Battery causing Great Bodily Injury must be upon a domestic partner or someone within the defendant’s “domestic family”; it must be an assault and battery; and it must cause great bodily harm. The “domestic family” includes a person of a familial relationship to the accused, such as present and former spouses, children, parents, people of a blood relation or marriage relationship, or people who live in the same household as the accused.

The allegations of domestic violence are serious and can result in the loss of freedom and substantial rights, including possession of a firearm. In it crucial you understand the laws related to domestic violence charges and retain an experienced Oklahoma domestic violence defense lawyer.

Oklahoma Statute

The statute for Domestic Assault and Battery causing Great Bodily Injury is OKLA. STAT. tit. 21 § 644, which states “Any person convicted of domestic that results in great bodily injury to the victim shall be guilty of a felony and punished by imprisonment in the custody of the Department of Corrections for not more than ten (10) years, or by imprisonment in the county jail for not more than one (1) year.”

Elements of the Crime

In order to be convicted of Domestic Assault and Battery causing Great Bodily Injury in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:

1) willfully;

2) unlawful;

3) attempting or offering to use force or violence; and

4) the use of force or violence;

5) was against the person of a:

    • current or former spouse
    • present spouse of a former spouse
    • former spouse of a present spouse,
    • Parents
    • foster parent
    • child
    • person otherwise related by blood or marriage
    • person with whom the defendant is or was in a dating relationship
    • individual with whom the defendant has had a child
    • person who formerly lived in the same household as the defendant, or
    • person living in the same household as the defendant.

6) resulting in great bodily injury

Oklahoma Jury Instruction #4-26B.

What the Skilled Lawyers at Cannon & Associates Can Do For You

Being charged with Domestic Assault and Battery causing Great Bodily Injury in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.

Contact – Cannon & Associates: Oklahoma Criminal Defense

is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contactto protect your rights and fight your criminal case in Oklahoma. Complete theCONTACT FORM ON THIS PAGE NOWor CALL at405-657-2323for a free confidential case evaluation.

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"John has shown nothing but compassion and professional guidance in my case. He truly cares about his clients and is exceptionally understanding when it comes to any case he is representing. He communicates genuinely as well as in a timely matter. If I were able to give his firm any more than 5 stars, I most definitely would. He is incredible."

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"John Cannon is an awesome attorney. He is very professional and honest. He really cares about his clients. John always gets back to you quickly to answer any questions you have regarding your case. I highly recommend CANNON & ASSOCIATES for any legal needs you may have."

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"John Cannon has helped me through the hardest time in my life. He helped me through my divorce and custody case. He truly cares about his clients and it made me so happy he always put my daughter first and wanted what was in her best interest as a child. He is very sharp and resourceful and he has been very attentive and responsive to my needs, John is very polite and professional and he always has a great attitude. John always took the time to go over everything and explain everything in depth. I've enjoyed working with John and his team and would recommend him to other clients."

(Video) What is Domestic Violence? | Charles Ullman & Associates FAQs

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"I have known John for about 6 years now in his capacity as a Judge Advocate and a civilian attorney. John has a rare blend of both sharp analytical and interpersonal skills. I have seen John achieve positive outcomes for clients in complex scenarios and If you need an attorney who can do the same for you - this is your guy."

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"John did a very good job. Although the outcome was not 100% what we expected(strange judgement) it was overall positive. I would, have and will continue to recommended him. Although I certainly hope to not need his services again in the capacity I hired him for I would not hesitate to call if I do. Thanks John"

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"I signed up with John June 25th, July 5th I received an email that my case is in line to be DISMISSED, within a 2 week time period John made what was one of the most stressful times in my life better! Every case is different but he handled my case with care and he was extremely open in his communication throughout the whole process. I hope to never have to have a criminal attorney again but if I do I will definitely go back to John. I highly recommend him to anyone else who is needing an attorney!"

- ASHLEY

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"John is a highly respected attorney. Professional and compassionate. He has a wealth of knowledge, being a military officer and having served as an Assistant District Attorney, a Public Defender, and an Assistant Attorney General. He helped a friend's son who was headed down the wrong path, but through John's legal defense the young man is now a successful business owner."

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"John is a very professional attorney, who is not only concerned about the welfare of his client but very attentive and considerate of the family, or other bodies that are in the face of the adversity. While working on my family members case, John took time out to take a class that would educate him on how to approach the many different types of cases tried in the court room. John proved his sincerity to the calling of his job, being an attorney. I would definitely recommend him to anyone."

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(Video) Assault: Houston Texas Criminal Attorney

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"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!! John took the reigns and provided us instant peace of mind. He was timely, respectful, transparent, very professional, honest and courteous. The service he provided was above and beyond our expectations. Can’t believe professionals like him are around. Highly highly without reservations recommend him and his team."

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"My experience with CANNON & ASSOCIATES was absolutely amazing. I hired John Cannon two days before my rebuttal statement was due back to the Staff Judge Advocate. Within that time frame he was able to talk to my Battery and Battalion Commanders, review my evidence, and help me write a rebuttal statement that help prove my case to them, the Brigade Commander and the Post Commanding General. Cannon worked thru the night to help me get the best results for me and my family. Due to his hard work and attention to detail I am still able to continue to serve my country and progress in my military career with no adverse actions on my record. I can not thank him enough on a job well done. Cannon showed me that he was invested in my case and I highly recommend you hire him when you need someone to represent you in a legal matter."

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"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I would highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."

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"Mr. Cannon has represented me on 2 criminal cases and one civil case over the past 4 years. He has always served me honestly, speedily and with good moral direction. John has integrity and humility. He has never belittled me or treated me in an unfair manor. I appreciate all that he has done for me and I most certainly recommend him to family, strangers and friends. I will definitely use Mr. Cannon in the future for any and all of my family's legal matters."

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"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!!"

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"I had a great experience with John. He is very personable and helped me a lot. I’m really grateful I found him. He made me feel confident that he was the right lawyer for my case and that he wasn’t trying to sell me but genuinely just wanted to help me. I would highly recommend John to anyone!"

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"Working with Mr. Cannon has been a real life-saving experience for me and my family. He provides the knowledge of the possibilities as soon as he can get them, then works tirelessly to ensure that any concerns or questions are addressed immediately. He has been a great asset to us not only in the face of legal troubles, but in providing a sense of security that is truly reassuring in the face of the uncertain.Mr. Cannon has been a great resource and has been very patient with me. From the start he provided a list of things to do that would help me help him with my case and since the beginning has continued to give advice or suggestions on any matter that has bothered me with my situation, large or small. He is gentle, yet realistic, and this combination really does become a rock in tumultuous times such as these.I would highly recommend Mr. Cannon to anyone who needs a vigilant and committed attorney, especially one that stands by your side until your issue is resolved. He goes above and beyond not only to work, but to care for his clients!"

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"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."

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FAQs

What is domestic ABH? ›

Domestic violence is defined by the government as – “any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality.”

Is domestic violence GBH? ›

What constitutes a domestic assault charge in the UK? Like any assault, domestic assault is either common assault, ABH or GBH. It is characterised as domestic by the relationship of the involved parties, and often characterised by controlling, coercive or threatening behaviour. It does not necessarily involve partners.

How does domestic violence affect you physically? ›

Domestic abuse has a considerable impact on your health and well-being, and that of your children. The direct and immediate physical effects of domestic violence include injuries such as bruises, cuts, broken bones, lost teeth and hair, miscarriage, stillbirth and other complications of pregnancy.

Will I go to jail for first time ABH? ›

What is the sentence for ABH? ABH is a criminal offence, which is not taken lightly. The maximum sentence you can receive is a five-year prison sentence. However, if it's your first offence for ABH, you're more likely to receive a fine or community service work.

Will I go to jail for ABH? ›

Common assault sentencing guidelines state that the maximum sentence for this particular crime is 26 months in prison. If a person is found guilty of ABH, they may face anything up to a 5-year custodial term, while perpetrators of GBH may be sentenced to life in prison depending on the circumstances of their offence.

Can police press charges if victim doesn't want to? ›

Contrary to what most people think, the police can issue charges even if the victim asks them not to go forward. If the police charged you even though the alleged victim doesn't want to pursue a criminal complaint, you still need an experienced and dedicated criminal defense lawyer on your side.

Can I withdraw my statement in a domestic violence case? ›

If you withdraw your statement, the case might still go to court if the police think they have enough evidence to prosecute the suspect. If you want to withdraw your statement because you're worried about giving evidence, you should tell the police how you feel.

Do domestic abuse cases go to Crown Court? ›

Depending on the nature of the charge and the seriousness of the case, it will be heard at either a magistrates' court or the Crown Court. If the defendant has pleaded guilty, the case may be put off to another date for reports to be prepared by the Probation Service or it may be dealt with there and then.

How does domestic violence affect you mentally? ›

These include post-traumatic stress disorder (PTSD), depression, anxiety, substance abuse, and suicidal thoughts. One study shows that the likelihood of abused women experiencing PTSD is seven times higher than for those who have not been abused. The risk of abused women developing depression and anxiety is also high.

What are the side effects of physical assault? ›

Mental health issues common to people who experience trauma include:
  • Depressive disorders.
  • Anxiety disorders.
  • Self-esteem issues.
  • Substance use disorders.
  • Personality disorders.
  • Post-Traumatic Stress Disorder.
18 Nov 2021

What is a physical effect of an abuser? ›

Physical abuse may lead to bruises, cuts, welts, burns, fractures, internal injuries, or in the most extreme cases death. Initial impact on children will be the immediate pain and suffering and medical problems caused by the physical injury.

What is the average sentence for ABH? ›

ABH carries a maximum sentence of five years and or a fine (depending on the seriousness of the offence). For a first offence, a fine and or community order may be imposed. If the offender has previous convictions or if there are aggravating factors, a prison sentence is more likely.

What evidence is needed for ABH? ›

Assault occasioning Actual Bodily Harm (ABH) – s. 47 OAPA 1861. The offence is committed when a person intentionally or recklessly assaults another, thereby causing Actual Bodily Harm. It must be proved that the assault (which includes “battery”) “occasioned” or caused the bodily harm.

Can police charge ABH? ›

Assault occasioning actual bodily harm, or ABH, is a more serious assault than common assault. If you are arrested or charged with ABH, the police will have to prove that you have unlawfully hit or used force against someone, and that has caused them some kind of injury more serious than bruising or grazing.

How long is jail time for assault? ›

the maximum sentence is five years' custody. if the assault is racially or religiously aggravated, the maximum sentence is seven years' custody. if the assault was committed with intent to cause GBH/wounding then the maximum sentence is life imprisonment.

How serious is ABH? ›

So, ABH is a very serious offence and one that you can end up being prosecuted for even if the victim's injuries were just a mistake. If convicted of ABH, you could face up to five years imprisonment and/or an unlimited fine (if prosecuted in the Crown Court).

Is a black eye ABH? ›

ABH is defined as any injury calculated to interfere with the health or comfort of the victim. It does not need to be permanent but it must be more than merely transient. Cuts, grazes, black eyes, bruises or burns will satisfy the test, as will a recognisable psychiatric illness.

Can someone press charges without proof? ›

In general, you cannot be charged without evidence, but many people take this to mean physical evidence. In the absence of physical evidence, you can still receive drug charges if you had control over an illegal substance or had the intent to sell or distribute that substance, even if you did not physically possess it.

What happens if the person pressing charges does not show up to court? ›

What will happen if an accused does not appear in court? If an accused fails to appear in court on the specified date and time, a warrant of arrest (a document that authorises the arrest of the accused) will be issued by the court.

Can police prosecute without victims? ›

A prosecution can progress even if there is no support from a key witness or victim. However, there must be some evidence. Evidence can come from things said in the heat of the moment by one party or the other that can be recorded and later relied upon in a court trial.

What evidence is needed to be charged? ›

The officer only needs to have a reasonable suspicion that the person committed a crime or has information about a crime. Slightly more evidence is necessary to charge a person with a crime. An officer only needs probable cause to believe the person committed or took part in a crime.

Is a witness statement enough to convict? ›

What is reassuring for defendants is that whilst a signed statement from a complainant is enough for a charge, it is not necessarily enough to secure a conviction. The complainant must be able to convince the jury or magistrates that the defendant is guilty beyond reasonable doubt.

What happens if you lie in a witness statement? ›

If you are a claimant, witness or an expert making a false statement it is likely that you will face committal proceedings for contempt of court.

How long do domestic abuse cases take? ›

Some cases can go on for as long as a year. Other cases are done much sooner. Again, it really depends on the particular circumstances. Are There Many Domestic Violence Cases Where The Alleged Victim Later Claims They Exaggerated The Incident?

What happens if the victim doesn't turn up to court? ›

If you won't go to court, you may get a 'witness summons' from the court. A witness summons says you have to go to court. If you still fail to go to court without a good reason, you could be 'in contempt of court' and you may be arrested.

What percentage of domestic violence cases are prosecuted? ›

The percentage of prosecutions leading to a conviction increased for the sixth year running to 78% in the year ending March 2021.

What are the 5 signs of emotional abuse? ›

5 Signs of Emotional Abuse
  • They are Hyper-Critical or Judgmental Towards You. ...
  • They Ignore Boundaries or Invade Your Privacy. ...
  • They are Possessive and/or Controlling. ...
  • They are Manipulative. ...
  • They Often Dismiss You and Your Feelings.
23 May 2017

What mental illnesses are caused by abuse? ›

Experiencing abuse or other trauma puts people at risk of developing mental health conditions, such as:
  • Anxiety disorders.
  • Depression.
  • Post-traumatic stress disorder.
  • Misusing alcohol or drugs.
  • Borderline personality disorder.
16 Feb 2021

Can domestic abuse cause bipolar? ›

There's an explanatory link between relationship abuse and bipolar disorder. The Psychiatric Times article mentioned above cites that around 80% of people with bipolar disorder experienced one or more traumatic events earlier in their lives.

How do you recover from a physical assault? ›

Ways to Help Yourself Recover
  1. Take Care of Your Body. Remember that you still need to take care of your physical needs. ...
  2. Reduce Your Exposure to the Event. ...
  3. Talk. ...
  4. Stay Connected. ...
  5. Make a Positive Move. ...
  6. Get Back Into Your Routine. ...
  7. Do Something Fun. ...
  8. Do Something Relaxing.

What are examples of physical assault? ›

An assault may include one or more types of harm, such as pushing, shoving, slapping, punching, or kicking. It may also include the use of weapons like knives, sticks, bottles, or bats. Common injuries from an assault include bruises, black eyes, cuts, scratches, and broken bones.

What does abuse do to the brain? ›

Researchers focus on the changes that take place in the brain as a result of abuse as well. Sadly, adults who experienced severe abuse as children show critically impaired neural connections in the brain. Parts of the brain associated with the regulation of attention, emotion, and other cognitive processes suffer.

How does narcissistic abuse affect the brain? ›

As a narcissistic abuse survivor, you will likely have symptoms of post-traumatic stress. Your brain will be on high alert, looking out for danger. This is because the traumatic events triggered a fight or flight response within you. As a result, anything associated with those memories can trigger an anxiety attack.

Can you get PTSD from emotional abuse? ›

PTSD is a reaction to psychological trauma which develops in response to actual or threatened extreme danger or personal injury. PTSD can originate from a variety of forms of abuse, ranging from physical abuse to sexual abuse to emotional abuse.

What is the average sentence for ABH? ›

ABH carries a maximum sentence of five years and or a fine (depending on the seriousness of the offence). For a first offence, a fine and or community order may be imposed. If the offender has previous convictions or if there are aggravating factors, a prison sentence is more likely.

What does ABH stand for? ›

Actual bodily harm (ABH): Assaults which are described as actual bodily harm cause injuries which are serious but don't cause serious permanent damage to the victim.

What type of crime is ABH? ›

Assault occasioning Actual Bodily Harm (ABH) – s. 47 OAPA 1861. The offence is committed when a person intentionally or recklessly assaults another, thereby causing Actual Bodily Harm. It must be proved that the assault (which includes “battery”) “occasioned” or caused the bodily harm.

What does ABH mean in law? ›

Actual bodily harm (ABH) and grievous bodily harm (GBH) are two different types of assault, and they're both criminal offences under the Offences Against the Person Act 1861, the Criminal Justice Act 1988 and the Police Act 1996.

Can police charge ABH? ›

Assault occasioning actual bodily harm, or ABH, is a more serious assault than common assault. If you are arrested or charged with ABH, the police will have to prove that you have unlawfully hit or used force against someone, and that has caused them some kind of injury more serious than bruising or grazing.

How long is jail time for assault? ›

the maximum sentence is five years' custody. if the assault is racially or religiously aggravated, the maximum sentence is seven years' custody. if the assault was committed with intent to cause GBH/wounding then the maximum sentence is life imprisonment.

Is ABH a serious conviction? ›

So, ABH is a very serious offence and one that you can end up being prosecuted for even if the victim's injuries were just a mistake. If convicted of ABH, you could face up to five years imprisonment and/or an unlimited fine (if prosecuted in the Crown Court).

Does ABH go to Crown Court? ›

ABH is an either way offence, so an actual bodily harm charge can be dealt with in either the Magistrates Court or Crown Court, depending on how serious the case is. The charge is so serious, that if you are guilty of the offence there is a very high risk of being sent to prison.

Is a black eye ABH? ›

ABH is defined as any injury calculated to interfere with the health or comfort of the victim. It does not need to be permanent but it must be more than merely transient. Cuts, grazes, black eyes, bruises or burns will satisfy the test, as will a recognisable psychiatric illness.

How long does a criminal record stay on for? ›

If the person was 18 years of age or older at the time of the offense (i.e. legally considered to be an adult), then the conviction will be expunged from their record 11 years after the conviction date (not the offense date).

Does ABH have a time limit? ›

Sentencing for all three offences sees a significant change under the new guidelines. Whilst the statutory maximum for the offences has not changed, the sentencing range for ABH has been increased to 4 years custody and the sentencing range for GBH has been increased to 4 years 6 months custody.

How serious is a common assault charge? ›

Common assault is the least serious of the assault charges. It is governed by s39 of the Criminal Justice Act 1988. Whether you will go to prison for a common assault first offence depends on a number of factors. All offences before the courts have sentencing guidelines.

Can you get a caution for ABH? ›

It also includes some offences for which cautions are commonly issued in relation to minor incidents, such as low-level ABH (for example, school playground fights where a child might have received a 'reprimand' which is the childhood equivalent of a caution).

What is the difference between common assault and ABH? ›

ABH is committed when a person assaults another which results in injury. 'Assault' bears the same meaning as it does for common assault. The difference between ABH and common assault is that ABH requires a degree of injury whereas common assault does not.

Is cutting someone's hair battery? ›

Unwanted physical contact.

For instance, a defendant commits assault and battery by: pushing or punching a person. pulling someone's hair or twisting their arm and causing pain.

Is a broken nose grievous bodily harm? ›

Grievous bodily harm refers to any serious or permanent injury which will cause the victim ongoing problems. Examples of grievous bodily harm include broken bones or internal organ damage.

Videos

1. Aggravated Assault: Texas Criminal Defense Lawyer
(Parnham and Associates)
2. How do Domestic Violence Charges Work in Oklahoma?
(Cannon & Associates)
3. Domestic violence: what criminal offences might be committed? [Family and crime legal explainer]
(Daniel Barnett, Barrister)
4. Memphis Personal Injury Law Firm Darrell Castle & Associates
(Darrell Castle & Associates - YouTube Channel)
5. When Should You File a Nursing Home Abuse Case?
(Darrell Castle & Associates - YouTube Channel)
6. Southern California Attorneys - Domestic Violence: Presenting Your Side Of The Story
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