Domestic Violence cases can be felonies or misdemeanors typically, a domestic case is a felony if there are children or a weapon involved or if there is an allegation of strangulation. Subsequent offenses of ordinary domestic battery can also be felonies.
Many Lawyers fail to inform their clients that misdemeanor domestic battery is one the only charges that can result in the loss of your fire arms right under the law.
The majority of domestic violence cases that the defense wins are won because the victim refuses to cooperate with the prosecution. Prosecutors have long understood that this is a unique problem in domestic violence cases. Consequently, they have developed what is referred to as the “Wheel of Violence.”
When a victim is unwilling to testify against the defendant, the prosecution will hire an expert who will explain that it is common for victims to refuse to testify in domestic violence cases. They have an exhibit called the “Wheel of Violence” it purports to explain that the victim is so controlled by the perpetrator that the victim’s unwillingness to testify is to be expected. If a victim does not want to see the defendant successfully prosecuted, the victim will need to understand early on that he/she should not cooperate with law enforcement. It is common in felony cases for prosecutors to tell victims they are only testifying at a preliminary hearing and that the preliminary hearing testimony cannot send the defendant to prison. What they don’t tell the victim is that the preliminary hearing testimony can be used to put the defendant in prison if the victim refuses to testify at trial.
Too often, lawyers neglect acquiring evidence in the immediate aftermath of an allegation of crime. Either they are lazy or they don’t choose to exploit the fact that Oklahoma law permits one party to a telephone conversation to record that conversation without the other party knowing. Often in domestic violence cases and many other cases, the accused can call his or her accuser and talk about the events surrounding the accusation, if the accused is fortunate the accuser will suffer from diarrhea of the mouth. When that happens the accuser’s credibility can be dramatically undermined. This makes it less likely that a case will proceed to trial and more likely that the defendant will prevail if the case goes to trial.
This is why it is important that, as soon as you suspect you might be charged with a crime, you acquire the assistance of a competent criminal defense practitioner. He or she can advise you regarding what statements and admissions you should try to get your accuser to make.
The vast majority of defendants do not want to go to trial. That means that they must either acquire evidence adequate to convince the prosecutor of the futility of the trial or accept a plea bargain that they do not want to accept. One must be careful in acquiring the kind of information that keeps the trial from happening. Prosecutors are apt to allege witness tampering against those who contact their witnesses. Therefore one must be careful in acquiring this evidence. Nonetheless acquiring this evidence is the most certain and intelligent way to avoid either a plea bargain or a trial.
