Larceny and burglary are both crimes in Oklahoma. Both of the crimes are related to theft of property and sometimes service. As it relates to all crimes, each crime has different elements from each other. Understanding the elements is critical for a person charged with a crime. The reason for this is that each crime has different ranges of punishment…
The difference between robbery and larceny is like the difference between night and day. In Oklahoma, as in many jurisdictions, robbery and larceny are both considered theft crimes, but they have distinct elements and legal definitions. Both crimes are jailable offenses with robbery normally considered more severe. Other differences are found within the crime itself with both charges possessing aggravating…
Oklahoma obstruction of justice charges and eluding a peace officer charges can result in serious implications. It’s vital to have a clear understanding of what they entail if you or a loved one are facing such accusations and need to mount a winning criminal defense case to safeguard your interests. Understanding Obstruction Of Justice In Oklahoma An obstruction of justice…
Perjury Charges are serious and are usually charged as a felony crime. If you’ve found yourself in a situation where you’re grappling with the legal complexities of perjury charges in Oklahoma, know that understanding the nature of the crime, its implications, and the potential punishments you’ll face if you’re convicted of a perjury offense are essential. Perjury is a crime…
What Is A Boating Under The Influence (BUI) Case In Oklahoma? A boating under the influence charge (BUI charge) can result in severe penalties and a potential stain on one’s record. Just like an Oklahoma DUI case involving drunk driving your vehicle Boating under the influence is a serious offense. Understanding what constitutes a BUI, the intricacies of the state’s…
Driving Under Suspension in Oklahoma is a common traffic offense in Oklahoma. Yes, driving while your driver’s license is suspended is a crime. While it’s a misdemeanor, each time you drive with a suspended license is considered a separate offense. Most cases are handled in the Municipal Court in the city where the ticket is issued. Sometimes though, the case…
In Oklahoma a hit and run accident is also known as leaving the scene. It’s called a hit-and-run when a driver involved in a car crash leaves the scene without stopping to communicate with others involved in the accident. It’s not necessarily a crime to be involved in a car wreck or even to cause one accidentally, but you can…
Sobriety tests for DUI are not always reliable. Oklahoma law enforcement officers might use a variety of sobriety tests in the field when they encounter someone they suspect of driving while intoxicated. Of the various tests that officers use in roadside evaluations, only three evaluations are approved by the National Highway Traffic Safety Administration. These tests are also accepted for…
Hate crimes In Oklahoma are often charged as a felony offense by the prosecutors. This kind of crime is defined as any criminal act committed against a person, group, or property. The crime must be motivated by a specific reason based on who that person is or the group they belong to. As national attention has turned to crimes committed…
Oklahoma laws make it a crime to carry certain listed burglary tools, but you are most likely to face criminal charges if you’ve had a criminal conviction before and are found with tools on the state’s list of burglary tools. In the state of Oklahoma, the possession of burglary tools can be considered a serious crime, depending on the circumstances….
Video evidence In criminal cases in Oklahoma can be used but there are certain legal considerations. Some video evidence in criminal cases is a powerful tool. Its a tool that can help to establish important facts, provide context, and corroborate witness testimony. Video evidence works in an Oklahoma criminal case much like any other type of evidence. The admissibility of…
Spitting In someone’s face is an assault and battery in Oklahoma. Any threat or attempt to cause physical harm is legally called an assault. An assault is technically the threats and threatening behavior but not the physical contact with the person being threatened. A separate crime of battery involves contact between the aggressor and the other person. The two charges…
Its legal to video record the Police in Oklahoma but there are certain procedures you must pay attention to. There are times when you may want or need to have a record of someone’s interaction with the police. Whether it is someone you know or a stranger, if you see the police doing something that seems inappropriate, overly harsh, or…
Specific and general intent crimes in Oklahoma require different types of proof for the prosecutor to get a conviction. In criminal law, intent refers to the state of mind of the perpetrator at the time the crime was committed. Specific intent crimes require the perpetrator to have a particular purpose or objective in mind when committing the crime, while general…
Polygamy and bigamy are related to each other but are separate and distinct. In Oklahoma, our attorneys deal with it in both the area of divorce and criminal law. Both polygamy and bigamy involve situations where one person is married or in a marital relation with three or more partners. Although the two concepts are different they are often times…
We’ve all heard the adage – ignorance of the law is no excuse. But is it true for crimes committed in Oklahoma? The law in Oklahoma is quite clear: Ignorance of the law does not excuse from punishment for its violation.” (21 OK Stat § 21-152.) This would seem to answer the question in the affirmative – yes, you can…
Felony Murder Rule in Oklahoma is a statuary rule that is used in some degree or another in most states and by the Federal criminal court. This rule expands the definition of murder to certain participants in a crime. The felony murder rule is a legal doctrine that imposes liability for murder on a participant in a felony if a…
There are consequences if someone files a false protective order in Oklahoma. Protective orders are essential for victims of abuse to stay safe. When a court issues a protective order against a person who has abused, stalked, or harassed a victim, generally, the abuser faces legal penalties for contacting the victim, thus providing a measure of safety for those who…
Have you heard of the Castle Doctrine in Oklahoma? Most likely, and you just aren’t aware of exactly what it is and how it works. The Castle Doctrine is otherwise known as Stand Your Ground law. It means that if you feel threatened in your own home, that you are allowed to use deadly force to protect yourself. This doctrine has been around…
When is self-defense a defense In an agreed fight depends on the particulars of the case. Self-defense is a defense against being accused of a violent crime. The self-defense argument can be raised if you are forced to hurt or kill someone to protect yourself or someone else. Self-defense does not apply if you are the aggressor in a situation….
To be valid in Oklahoma protective orders require a family relationship between the person seeking the order and the person accused of of being dangerous. Anyone concerned for their safety because of stalking, harassment, and threats of violence can obtain protective orders from the court in Oklahoma. One of the questions people seeking protective orders may encounter is whether they…
Criminal Malice in Oklahoma is generally understood to mean having bad or evil intent. The term “malice” is defined by Oklahoma criminal law statutes to mean having a wish to “vex,” “annoy,” or “injure” another human being. Thus, under Oklahoma law, the word malice may have a somewhat different connotation than it carries in everyday language. In Oklahoma criminal law,…
A Tulsa Municipal court warrant can be removed but it takes certain action on your part. Its not uncommon for a person issued a traffic ticket or other municipal violation to forget to pay a fine or show up to court. In this instance its a shock to find out that the City issued a criminal warrant for your arrest….
Domestic assault and medical hearsay is an exception to the hearsay rule in Oklahoma. Sometimes, we find ourselves in situations where our personal relationships have gotten out of hand. Too many times, police are called to intervene. If you find yourself in such a situation, especially when police are calling it “domestic violence”, there is a lot of pressure to…
Understanding how Oklahoma DOC time calculation works gives a person a better understanding of how much they can reduce their time as an incarcerated person. Sometimes, once tangled into the court system, you or a loved one may be required to spend time in the Department of Corrections. While hearing the length of the sentence can illicit despair, it is…
You rights to have guns when a protective order Is filed against you is seriously limited. This is a little known consequence of someone filing a victims protective order against you. Its not even a question if the protective order is issued on a permanent basis or its merely temporary. Even before its proven to be valid guns when a…
When the Police search your phone that search must be supported by a valid search warrant. Many people today carry all sorts of information on their phone. It may just be funny cat videos to share with friends, family pictures, or extremely sensitive information like social security numbers and banking passwords. If you are arrested, will law enforcement have the…
Threatening violence in Oklahoma can land you in trouble. How much trouble depends on many factors. One factor is the response from the person threatened. This response is considered in light of what other reasonable people might believe if the same threat was made against them. A truth about this type of crime is its not uncommon that the threat…
Conspiracy to traffic in drugs is a serious crime and can land the accused in prison. At the crossroads of America, Oklahoma has some of the harshest drug-crime penalties in the nation due to high amounts of drug trafficking. The interstate highways in our state are full of Police drug interdiction teams. This is because as a crossroad for the…
Assault on a Police Officer may be charged as felony In Oklahoma and is a serious crime. A police officer’s job is to interact with the public and enforce the law. At times, these interactions may become heated and physical. In Oklahoma, the assault and battery of a police officer may be charged as a felony under some circumstances. The…
DUI marijuana in Oklahoma is a crime. Recreational use of cannabis or marijuana is illegal in Oklahoma. Medical use of marijuana in Oklahoma is allowed with a medical marijuana patient license. But even those who lawfully possess marijuana for medicinal purposes cannot use it and then drive if doing so will impair their judgment. Over the past several years the…
In Oklahoma the role of lie detector tests in criminal cases is dubious at best. Most states, including Oklahoma, do not accept the results of polygraph (often called lie detector) tests as admissible evidence in court. This is because polygraph tests do not meet the threshold of reliability required for evidence that is admissible in court. The reasons are many…
The right to bail in Oklahoma is guaranteed, within certain limitations, by the Eighth Amendment to the United States Constitution. This amendment states that “[e]xcessive bail shall not be required” in a criminal case. Supreme Court cases have held that the government must not set bail higher than what is necessary to ensure the government’s interest. The classic government interests…
Fourth amendment protection is a right we all have as Americans. Under the Fourth Amendment to the US Constitution, you are protected from unreasonable searches and seizures by the government. Government searches include traditional Police and others acting as government agents. This extends to your house and your car. Fourth Amendment protection is meant to protect your right to privacy…
You can restore gun rights In Oklahoma if you have lost them because you have a felony criminal record. People are often times shocked to find out they lose their right to own a firearm if they have a conviction. Its a right that many folks don’t even consider until its lost. In fact many of us are amazed to…
There are different degrees of arson in Oklahoma. The degree a person is charged with has a big impact on potential jail time if any. Setting fire to a building or structure in Oklahoma can land you a criminal charge called arson. Even if you own the property, you could be convicted. If you have been arrested and charged with…
The length of a protective order in Oklahoma depends on some different factors. Understanding what exactly a protective order is and the process will help you understand what’s at stake. A protective order is a legal order issued by an Oklahoma court to protect persons specifically identified in the order from harassment or abuse by a named individual. Its purpose…
Uttering a forged instrument in Oklahoma is illegal. The Oklahoma legislature uses the word “utter” as a synonym for the terms “pass” and “transfer.” Most people think of this crime as only involving hot checks but, this is not the case. Any negotiable instrument that is passed or otherwise forged is considered an uttering crime. Passing an instrument like a…
Revenge Porn in Oklahoma is becoming more of a problem. Nowadays, cameras are everywhere. Americans snap pictures with their phones, tablets, laptops, cameras, and even handheld videogame consoles. Cameras are even mounted above roadways to document the potentially unlawful behavior of Oklahoma’s motorists. The reality of photography today is that many photographs are taken without a subject’s consent. Additionally, many…
Brass Knuckles in Oklahoma are illegal in most circumstances. Recently, in June 2022, an Oklahoman openly walked around the business district of Broken Arrow, Oklahoma, with an unconcealed rifle. He was later arrested, but not for carrying the rifle. His public possession of the rifle was legal under Oklahoma law. However, the man was later arrested and charged with a…
In Oklahoma pepper spray is a self defense weapon. There are several non-lethal weapons that are allowed to be carried without a permit. The non-lethal must be carried for a legal purpose and by a person legal able to carry this non-lethal. Traditional chemical mace is classified as an irritant and is like tear gas. According to Oklahoma Law (21…
A rule 8 hearing In Oklahoma criminal cases is a hearing regarding fines and costs. In any criminal matter, if you are convicted or even if the sentence is deferred, there will be fees, fines and costs associated with the proceeding. A dismissal may not even always eliminate certain fines and costs. Short of the Judges ruling the best way…
If you are accused of or a suspect in a crime, and the police ask you questions you are not required to answer them. This may be a situation where you are asked to come in for an interview and answer questions about a crime. This may also happen if you are in custody and the Police want to question…
Parental kidnapping in Oklahoma is a serious crime. This crime occurs when one parent takes a child from the other parent without legal permission. In the United States, parental kidnapping is most common type of kidnapping, as parents are more likely to commit the crime than non-parents. Normally this kind of kidnapping is part of an ongoing child custody case or a divorce. Most state…
Violating a protective order in Oklahoma has serious long-term consequences. It amounts to contempt of court and can be charged as either a misdemeanor or felony-level offense. Any violations also make it more likely that the Judge hearing the protective order will grant the request. This could end in a permanent order of protection. If you are accused of violating…
Its not uncommon in divorce or child custody cases where a spouse files a protective order against the other side. A protective order in Oklahoma is a court order that protects specific individuals from harassment or abuse. The order limits another person’s behavior towards the individual requesting protection. They can be filed by anyone against another in which they are…
A DUI field sobriety test In Oklahoma is some of the most common evidence used by the Police in a DUI. Field sobriety tests determine impairment or a BAC level in DUI stops The BAC is used to establish probable cause for a DUI arrest. The court determines their admissibility in any DUI case on a case-by-case basis, using the…
An Oklahoma DUI with a child in the car enhances the original punishment for DUI. Rather than a simple felony or misdemeanor Drunk driving crime DUI with your kid in the car can enhance charges including child endangerment. Child endangerment is a serious crime. Driving under the influence of drugs or alcohol is also a serious crime. When you are…
The age of consent and statutory rape in Oklahoma are closely related and used as a criminal defense in sexually based crimes. As it is not the law’s place to judge whether individual young people are emotionally and physically mature enough for sex, bright line age restrictions govern the legality of whether any given teenager is lawfully permitted to engage…
Concealed and open carry gun laws in Oklahoma have evolved over the past few years. In Oklahoma, you are no longer required to have a permit to open-carry or concealed-carry a gun. If you are at least 21 years old and are not otherwise disqualified from owning a gun, you can have a gun on you in public and in…
Consenting To Police Searches in Oklahoma has certain very specific requirements. The United States Constitution and the Constitution of Oklahoma protect people from unreasonable searches and seizures by law enforcement. Protections are different for homes and vehicles. Before you think about consent in the context of searches, you should have a basic understanding of search warrants and criminal law defense…
The term “Miranda Rights” is an important aspect in criminal defense matters. Miranda Rights were defined as the result of a United States Supreme Court case. In this case, the Court refers to constitutional rights that grant you the right to a criminal defense attorney and the right to remain silent. This is a landmark case and is perhaps one…
A Life Sentence in Oklahoma doesn’t always mean that the person will spend the remainder of their life in prison. You are subject to sentencing in Oklahoma after you are found guilty of a crime through a trial or by pleading guilty. As part of a criminal trial, in addition to deciding whether a person is innocent or guilty, a…
Romeo and Juliet Law in Oklahoma is an exception to statutory rape and impacts the age of consent for sexual relations. Like many states in the Union, Oklahoma has an exemption to a specific sex offense law known as the “Romeo and Juliet” exception. As you’re probably aware, Romeo and Juliet are the central figures in a Shakespeare play. They…
In Oklahoma your drivers license after DUI is placed at risk. If you have been charged with Driving Under the Influence (DUI) or Actual Physical Control (APC), you may be at risk of having your driver’s license revoked or suspended. Losing your license can severely impact your life. Finding alternative and reliable transportation to a job, attending to your kids’…
Sentences for DUI In Oklahoma depend on many different factors. All criminal offenses have direct and indirect consequences. Frequently, the indirect consequences are worse than the direct consequences. No-contact sex offense cases, like indecent exposure matters, are a good example. These cases usually are misdemeanors. Yet they usually also require long-term registration as a sex offender. The societal, economic, and…
Hearsay In a criminal case is strictly regulated by the Oklahoma criminal and civil courts. We’ve all watched those court TV shows and wild movies where someone shouts out, “That’s hearsay!”, and the judge either bangs a gavel or looks flustered. But these shows are meant for your entertainment, so they aren’t always the most credible source for courtroom procedures…
Property forfeiture laws in Oklahoma can be very unforgiving. Imagine this: you’re at home with your wife and child, watching TV. It’s early morning, and you’re finishing up breakfast. Everything seems peaceful, just like any other day. The next thing you know, there’s a loud knocking at your door, and you hear, “Police! Open up!” Immediately, your eyes grow as…
You can expunge traffic tickets in Oklahoma and keep your private driving record private. Even the most careful drivers receive the occasional traffic ticket. When tickets start to pile up, though, they can have serious consequences for a person’s insurance costs and may lead to a driver’s license suspension or revocation. More serious traffic offenses like driving under the influence…
The Bosse Decision involves post conviction relief issues related to the recent decision set out in McGirt. In 2010, long before Mcgirt was decided, 25-year-old Katrina Griffin and her two young children were murdered in the residence they lived. The murder is the result of their home being burned down in an arson. After a criminal investigation the local Police…
Child abuse is a serious felony. The range of sentencing and other powers the prosecution have in this kind of case make it particularly frightening. In the state of Oklahoma, like in most states, a child abuse conviction has a possible sentence that ranges from zero on up to life in prison. Under the state’s law, child abuse occurs when…
Aggravated domestic assault In Oklahoma is a serious crime. This kind of crime not only subjects you to jail time but also a conviction will impact child custody. In Oklahoma convictions for aggravated domestic assault create a presumption against you having sole or joint custody in a child custody case. Domestic assault and battery crimes are considered predicate offenses. This…
DUI with a gun in your car or otherwise in your possession is a crime. Its a charge that is brought against you in addition to the misdemeanor or felony DUI. Like many other states, Oklahoma guarantees its citizens the right to bear arms. In relation to other states, Oklahoma has what are arguably expanded firearm possession laws. Nevertheless, the…
Fast criminal record expungement in Oklahoma is possible under the new pardon and expunction laws. A criminal conviction in the state of Oklahoma can cause a lot of problems for you. If you have a criminal record, many jobs might not be available to you. You might lose valuable rights, such as the right to vote or carry a gun….
Hit and run crimes in Oklahoma are serious. The severity of the crime depends on several different factors. Under Oklahoma law, leaving the scene of an accident, which is often called a “hit and run”, is at minimum a misdemeanor. Anytime you are involved in a crash where your car hits another car, an object alongside the road, or a…
You may have heard the term restraining order used before. In Oklahoma, they are referred to as protective orders. Protective orders can be issued against intimate partners, family members involved in a divorce or child custody case, and even complete strangers. If a protective order has been issued against you, then there are some important things that you should know…
Aggravated Speeding In Oklahoma is a crime that law enforcement takes very seriously. There are two sources of laws that regulate the speed of travel for motor vehicles on the roads and highways of the state. There is the “basic rule” that leaves it to the driver to go at a “careful and prudent speed”, and there are specific laws…
DUI Manslaughter in Tulsa Oklahoma is a very serious charge. In Oklahoma, driving under the influence of alcohol (DUI) is a crime regardless of whether you injure someone or cause property damage. However, if you happen to kill someone because of getting behind the wheel when you are drunk, then you face much more drastic consequences. Specifically, DUI manslaughter is…
You can expunge a felony DUI in Oklahoma but you have to qualify. A felony DUI can make your life difficult for many reasons. Potential employers may refuse to hire you when they find the conviction on your record. You also might struggle to get into school, find adequate housing, or obtain a loan. Fortunately, depending on your circumstances, you…
Our wrongful death DUI accident attorneys file claims against drunk drivers that cause fatalities in Oklahoma. When someone you love is killed by a drunk driver in Oklahoma, you may be able to file a wrongful death lawsuit to obtain damages. Although no amount of financial compensation can erase your loss, but holding the drunk driver accountable can help you…
Domestic assault charges in Oklahoma are extremely serious, and can have life-altering legal consequences. Depending on the circumstances the crime is charged as felony or misdemeanor. Domestic assault and battery cases are frequently charged crimes. In fact during the pandemic, while we’ve been limited on where we can go, the number of cases has soared. If you have been arrested…
Homicide charges in Oklahoma carry hefty prison sentences and come as the result of many different circumstances. The city of Tulsa has 80 or so homicides in a typical year. This is an average that stays within a certain range. One of these includes the beating death of a young woman by her husband. The husband beat her with a…
The impact of a prior felony conviction depends on several factors. If you have been charged with a felony, you may wonder whether your prior convictions and charges will impact your current case. Is there going to be a worse punishment or will the prior conviction result in the charge being bumped up to a felony? You may also wonder…
Oklahoma’s McGirt Decision has upended criminal prosecution and has criminal lawyers fighting to get cases dismissed.. Oklahoma criminal prosecution was changed significantly by a decision made by the United States Supreme Court on July 9th, 2020. In the U.S. Supreme Court decision, written by the Honorable Justice Gorsuch, it was determined that the Muscogee (Creek) Reservation boundaries were not reduced…
Protective orders impact child custody rights in many ways. If you are ever in a situation where you are accused of violence, harassment or abuse towards your children or their other parent, you could be issued a Protective Order. The protective order could also come with potential criminal charges. This order might affect your ability to see your children and…
The Actual Physical Control crime is also sometimes called APC. You already know that in Oklahoma, you are not allowed to drive a car while under the influence of alcohol or drugs – otherwise known as driving under the influence (DUI) or driving while impaired (DWI). However, you might be surprised to learn that it is against the law to…
In December 2018, a woman plead to charges of leaving the scene of an accident which left her with 10 years of probation, community service, and hefty fines. The woman and her spouse were arguing at a bar. The argument continued to the couple’s apartment. The woman left her apartment after her partner pulled a gun on her and jumped…
Drug Trafficking is a very serious crime in Oklahoma. Many know that Oklahoma has some of the toughest drug laws in the country. With its amended version of the Trafficking in Illegal Drugs Act, you can get 20 years for a first violation of its provisions. The Trafficking in Illegal Drugs Act makes it illegal to knowingly possess, distribute, manufacture,…
In Oklahoma domestic assault in the presence of a minor is a Serious Crime. Unfortunately, statistics show that nearly 20% of children witness a domestic abuse situation in their lifetime. Further, repeat situations can lead to depression, anxiety, and rage in children as they mature. This truth is a tough reality. However, some people exploit this reality and use children…
Protective order violations in Tulsa are very serious crimes. In April of 2017, a woman reportedly held a man at gunpoint from her front porch. The man was in violation of a protective order that was issued against him. He was at the woman’s house demanding her debit card and sitting in her driveway even after being ordered by the…
Auto Theft Crimes in Oklahoma are on the rise. Possession of a stolen vehicle is a felony crime in Oklahoma. Under Oklahoma’s Motor Code, it is illegal for a person not entitled to the possession of a vehicle to receive, possess, conceal, sell, or dispose of the vehicle. Its also important that the accused knows the car is stolen (47…
Getting a criminal misdemeanor expunged in Oklahoma is possible. Expungements remove or “seal” past offenses on your criminal record, but you must qualify. Having a past charge or conviction available for the public eye can cause a lot of burdens in your life. This impacts includes things like looking for a job, buying or renting a house, or simply being…
In December of 2016 a man was charged with aggravated assault and battery after attacking his daughter’s basketball coach. The coach recently dismissed the girl from the competitive team. Later, her father, wanting to discuss the matter, met with the coach at a convenience store. This is where the altercation was on video. The girl’s father kicked the coach multiple…
Child Neglect crimes are considered a form of abuse in Oklahoma. The district attorneys office in Oklahoma are aggressive about prosecuting cases in our state. In 2016 a woman was charged with child neglect crimes after driving under the influence with a two-year-old in the car. When stopped by police, the woman blew a “.17” on a breathalyzer test. Indeed,…
Capital Punishment in Oklahoma is permitted under sate law. Oklahoma has not enforced the death penalty since 2015. Charles Frederick Warner was the last man executed using the death penalty in our state. He was injected with a lethal dose of midazolam. Despite having 2 botched executions in the past decade that stirred controversy, Oklahoma plans to resume capital punishment…
Oklahoma Embezzlement charges can come in a couple forms. Embezzlement is described as the misappropriation or misuse of company money, property or time. In other words, it’s a type of property theft. Normally the property theft is a theft of an employers property. The property misappropriated is generally money but can be any company property. All kinds of employers try…
Assault and Battery with a Deadly Weapon is a serious offense in Oklahoma. Although assault and battery are two distinct crimes, they are commonly charged as a single crime. A person may be guilty of assault and battery as a single crime when an assault culminates in a battery. Oklahoma has outlined different kinds of assault and battery crimes within…
Assault and Battery on a Police Officer is a crime the District Attorneys often use as a tool to put people in prison. Assault and battery upon Police officers includes any attempt to reach for or gain control of the firearm of any police officer. This includes deputy sheriff, state police, jail or prison employees, or any peace officer employed…
Oklahoma second Degree Murder can be somewhat confusing if you have read the statutes. This is because there is a fine line between second degree and first degree. Take for example this second degree murder charge. An OKC man recently beat the elderly man he was in charge of taking care of in a home healthcare agreement. The victim suffered…
Eluding a Police Officer in Oklahoma is a serious crime that can land you in jail.. A Topeka man recently received a sentence of 8 years in prison for eluding an officer and other illegal acts. The man was sleeping in his car when police approached him. He woke and made an attempt to drive away while an officer’s arm…
Oklahoma felony domestic abuse is an extremely serious charge. It can cause emotional, financial, and even social strain for a person facing such accusations. Many domestic abuse charges start out as misdemeanor cases but later are enhanced and charged as a felony. However, up to 70% of domestic abuse allegations in divorce and custody proceedings are a fabrication or an…
Federal Grand Jury Process, like all federal criminal prosecutions is much different than in State Court. Most people are familiar with State court cases in Oklahoma, where the charges are already determined, and the case goes to trial. This is what is most commonly seen on television and what most people will experience if they’re arrested. If someone is arrested…
If you have a criminal record in Oklahoma and want to seal it there are different kinds of record expungements available. Let’s suppose you were charged with a non-violent felony or misdemeanor, and the court defers your sentence for a certain period of time, let’s say 2 years. After this period of probation is complete you can petition the court…
In April of 2017, parents of a 4 year old girl confronted a Nebraska daycare worker after witnessing a video of child care abuse against their daughter. The worker full force punches the girl in the arm and violently shakes the girl on the video after the girl begins crying. The parents of the girl are pressing charges against the…
Stalking charges in Oklahoma can escalate to criminal charges. Those include violations of protective orders. A NYC Journalist recently received a prison sentence in stalking charges of involving his ex-girlfriend. The man, over a year’s time, issued over 150 bomb threats to Jewish centers across 37 states in the name of his ex. He also posted nude photos of her…
Kidnapping criminal charges are filed as a felony in Oklahoma. Most people think of famous cases like Elizabeth Smart or the three girls in Ohio who recently escaped. However, these are extraordinary cases involving kidnapping criminal charges. The crime often times will be from an estranged or ex-spouse taking a child. Other forms are often holding a person against their…
An Oklahoma expungement gives you a new lease on life. Many people convicted of crimes in Oklahoma presume that once they have served their time and fulfilled the terms of their probation they can move on with their lives. The reality is that a criminal record can follow a person far into the future. It can impact employment opportunities, housing,…
Oklahoma Prescription Drug Possession crimes are common in our State. Statistics from a 2016 study show that almost 60% of overdose deaths in the state of Oklahoma are due to abuse of prescription drugs. These include many painkillers and anti-anxiety pills such as Oxycodone or Xanax. These habits not only threaten lives, but they can cost you. Some habits can…
Defending Rape Charges requires a strong understanding of potential defenses. In February of 2017 a Tulsa man was convicted of rape by instrumentation and crimes against nature. During Valentine’s Day, a woman became unconscious at the man’s home. She awoke to severe pain and later found photos of sexual assault against her involving objects and at one point a dog. …
Defending Possession of a Firearm After a Felony in Tulsa requires careful preparation by your criminal defense attorney. While the United States Constitution provides the “right to bear arms,” the Oklahoma State Constitution applies further protections. In Art. II, § 26 the authorities “shall never” prohibit the right to bear arms for defense of person or property. However, the section…
In the world of criminal sentencing the difference between Deferred and Suspended Criminal Sentencing is huge. Our clients often ask us: What is the difference between deferred sentences and suspended sentences? While there are similarities between the two, they are some very important distinctions. This article explains these differences and helps you know which you prefer during a plea or…
Fighting First and Second Degree Burglary in Oklahoma begins with understanding the difference between the two charges. Oftentimes many people believe that the degrees of a crime are not that important. For instance, someone may not take the idea of first degree burglary much more serious than second degree burglary. However, there are a few significant differences between first and…
In July of 2017, Rogers County officers attempted to stop a man for speeding. The driver, once the officer began getting out of the police car, sped off. He led officers on a chase over highways and through county roads, evading roadblocks and ramping over railroad tracks. When the chase came to an end, the man admitted running because he…
Possession of a Stolen Vehicle in Oklahoma is a crime the Tulsa County district attorneys office hotly pursues. In early June of 2017 an unmarked police vehicle was stolen in South Tulsa. The vehicle did not have any external markings, but did hold a pepper spray ball, a ballistic shield, and handheld radio. As of June 9th, the vehicle whereabouts…
Child abuse domestic violence charges dismissed in Tulsa today. Just like any domestic violence case if its enhanced and charged as child abuse domestic violence the charge must be supported by what the State can prove. This means that State of Oklahoma, when charging Child abuse domestic violence, has to meet the elements of the crime and this includes some…
In 1983, Oklahoma courts held in the Sanchez v. State appeal that “breaking” can be applied to small breaking “no matter how slight” to remove an obstruction in order to enter a place. This was illustrated in Sanchez when he rang a doorbell and when the resident of the home tried to shut the door he pushed it open. Thus,…
Defending Oklahoma False Impersonation Charges in Tulsa is complex with serious consequences to those accused of this crime. For example, in March of 2017 a Skiatook Oklahoma man was taken into custody for false impersonation of a federal agent. The man struck an Italian restaurant manager in the chest while claiming the manager was a German spy. Further, the man…
Application to Revoke Probation for a failure to complete your terms and conditions of the criminal sentence puts your personal freedom in danger. Sometimes people convicted of crimes receive a suspended sentence or deferred sentence. However, both type plea agreements require a plea of guilty at the time of sentencing. Once the plea enters, you are on a probationary period….
Prescription Fraud Charges in Tulsa are more common then many people realize. August of 2016, the lead dentist of Signature Smiles in Tulsa received charges for murder. During the investigation, Tulsa Police officers also discovered several possible criminal activities by Franklin’s employees, including prescription fraud. For example, one of the firms dental assistants is under investigation for forging narcotic prescriptions…
Oklahoma manslaughter charges are very serious and could land an excused person in jail. In January of 2017, a Minnesota man was charged with manslaughter after shooting at trespassers on his property. The group was casing his house early in the morning for a future burglary attempt. The owner awoke to the noise and discharged two shots, hitting one of…
Embezzlement crimes in Oklahoma together with Ponzi schemes have become famous under the likes of Bernie Madoff and Enron’s Kenneth Lay. However, even Oklahoma is susceptible to such practices. For example, the punter for the OU Sooners 2000 championship team, Jeff Ferguson, is facing financial embezzlement charges. He allegedly embezzled $620,000 from Firstar Bank, N.A. This is a significant number…
Expunging Oklahoma Criminal Records will seal the criminal arrest and criminal charges making it as if the crim never happened. Many people are aware of the theory of expunging Oklahoma criminal records but not sure how its done. The process can be slightly more complex than it sounds but its possible if you qualify. Oklahoma law allows expungement of criminal…
Endeavoring to Manufacture Meth Charges in Oklahoma have undergone a serious expansion as the war on meth ramps up. In 2015, the OSBI reports that close to 300 arrests regarding drug use alone were made in Tulsa county. This is not necessarily surprising, as Oklahoma has topped the methamphetamine epidemic charts for years. However, endeavoring to manufacture meth is a growing…
Shooting with Intent to Kill is a serious crime in Oklahoma. Many people are familiar with the controversial 2007 “Horn Shootings” in Texas. A 61-year-old man shot two illegal immigrants leaving his neighbor’s home in what appeared to be the course of a robbery. These brought into question The Castle Doctrine (otherwise known as “Stand Your Ground”) versus shooting with…
In September of 2016, an Oklahoma City woman was arrested on four counts of Oklahoma second degree burglary. She began in the Valvoline gas station parking lot, entering unlocked vehicles and also taking purses. Upon arrival in the Sprouts parking lot, police found her in her car with her shirt around her neck and covering her face. While searching her vehicle,…
Oklahoma First Degree Manslaughter involve complex legal issues. The following is an example of one instance of it. In the 2010 Oklahoma case of State v. Ceasar, a driver in a hit-and-run accident was charged with first degree manslaughter. Ceasar was driving with a revoked license. Further, he hit two pedestrians crossing the street. One pedestrian died due to her injuries,…
Failure to Pay Fines and Court Costs in Oklahoma is a crime. Its a crime that can land you in jail. A 2013 Tulsa World article, the editors at Tulsa World discuss the increasing number of people in jail for failure to pay fines and Court costs in Oklahoma. The article focuses on a woman who originally had $150 in fines…
Unauthorized use of a motorcycle is a crime in Oklahoma. It is unlawful for a person to use a motor vehicle of which they do not have possession of, nor permission to use. You may ask if your motorcycle or three-wheeler falls under the jurisdiction of this law. Well, 47 Okl.St.Ann. § 1-135 legally defines motorcycle: it is a motorized…
In Oklahoma, it’s a felony to commit assault and battery on an officer. This also includes police, sheriffs, deputy sheriffs, corrections officers, highway patrol, and any other peace officers that are in the line of duty. As tension rise across the nation regarding law enforcement and defendants, it’s more important then ever to address this topic. Read on to understand…
Robbery Crimes in Oklahoma occur every day. Oklahoma Neighborhood Scout reports over 75,000 Oklahoma robberies in the last year. It also states 1 in 33 residents will be victim to a property crime at some point within the year. These numbers are significant and alarming. Further, many of these crimes will include eye witnesses. Eye witnesses typically have a high…
Strict Liability in Criminal cases exist in Oklahoma. Although strict liability mainly applies to product defect cases or other personal injury cases in the civil arena, it is occasionally part of criminal cases as well. The elements of strict liability in criminal law are simple: a statute exists and someone breaks the statute. It does not require that a person knowingly or…
The new expungement law in Oklahoma makes sealing your criminal record just a little bit easier. The impact of a criminal record can be devastating. It means employment opportunities are limited as well as many other opportunities that look to your criminal record and require that its clean. For years the impact of open records and the free flow of…
Possession of Drug Paraphernalia is a crime in Oklahoma. With high social stigma attached to it, often times it haunts a person throughout their lifetime. Okla. Stat. tit. 63 §2-405(B) addresses drug paraphernalia. It states: “No person shall use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale…
Domestic assault and battery in Tulsa is a common crime. More often then most people realize citizens are charged with domestic assault and battery. The increase in arrests follows closely the public’s desire to reduce domestic violence. This effort comes in the form of strict enforcement of assault charges as they relate to family members. What was once a rare and…
Probation revocation Oklahoma is a serious offense. When you’re convicted of a criminal charge in Oklahoma the Judge has the choice of sentencing you to a jail term, probation or a combination of jail and probation. If the Judge sentences you to a term of probation and you violate the probation the court can revoke the probation and sentence you…
In Oklahoma failing to return rental furniture is a crime of Embezzlement of Rental Furniture. When most people rent furniture or appliances in Tulsa they don’t do it intending to commit a crime. They rent it with with the intent of paying it off and keeping the products. Generally the reason they use a Tulsa Oklahoma rent to own retailer to…
In Double Jeopardy starring Tommy Lee Jones and Ashley Judd, Judd and her husband are a couple with a son. In order to avoid debts and looming bankruptcy, her husband purchases a life insurance policy with a very hefty payout and names their son as the beneficiary. Her husband then fakes his own death and frames Ashley Judd for murder. Ashley…
Fatal Car Accident kills Ashley Biggs , Larry Lawson and Toby Lawson of Oklahoma Larry Lawson and his 10-year old grandson were both killed along with a passenger in the other vehicle, 24-year old Ashley Biggs, when the Lawson vehicle swerved into oncoming traffic striking the Biggs vehicle head on causing a violent, fiery fatal car accident. Further, Ashley’s mother…
Have you received service of a protective order? Contact our Oklahoma protective order defense attorney for free information. Our protective order defense attorney can review your case and help you develop the best defense possible to rebut any claims of domestic violence. Further, don’t ignore the court summons or the protective order hearing. If you don’t attend the hearing, a default…
Oklahoma drug crimes are a serious matter, punishable by years in prison, substantial fines, and the potential for a felony record. In addition, Oklahoma Drug crimes can be defined to include any criminal activity that involves an illegal controlled substance. If you’ve been accused of a drug crime in Oklahoma or fear you soon will be, you need to retain the…
Understanding Misdemeanors in Oklahoma Misdemeanors in Oklahoma are not the most serious of crimes, but they still can result in some pretty harsh consequences. Most Oklahoma individuals do have a general understanding that misdemeanors are more serious than infractions, but not as serious as felonies. However, it is still important to understand the different types of misdemeanors in Oklahoma. It is…
In Oklahoma, drinking then getting behind the wheel of a motor vehicle can lead to serious consequences. You can be criminally liable under four different Oklahoma statutes, and face civil liability as well. With the assistance of one of our experienced Tulsa DUI Attorneys, however, you can mount a successful defense to a alcohol related crimes. Driving Under the Influence: The crime…
The recent legalization of marijuana for personal use in the states of Washington and Colorado have lead to a widespread push to legalize marijuana in other states at least for medicinal purposes. In Oklahoma, one senator is pushing to legalize marijuana, however, unsuccessfully. Thus, Oklahoma marijuana possession laws are as serious as any other drug charge. Many individuals in Oklahoma…
If you receive charges of a DUI in Oklahoma you may need need the help of Tulsa expungement attorneys. They help seal your criminal record. A conviction of Driving Under the Influence (DUI) can have disastrous consequences for years to come. Of course, the severity of the crime plays a huge role. It determines whether or not you’ll need to serve jail…
The Fourth Amendment and criminal law protects against unreasonable searches and seizures. It protects owners from unreasonable searches of themselves, their property and other effects. Unreasonable search and seizure is one that occurs without a warrant. The warrant must state with particularity who, what and where the search is to take place. The primary idea behind the fourth amendment is to…
Have you or a loved one been arrested and charged for criminal possession of marijuana in Tulsa? If so, you should contact our criminal marijuana defense attorneys for a free case consultation. Our attorneys can review your case and provide you with various legal outcomes that could result based on your particular circumstances. Marijuana Criminal Lawyer: Being charged with the criminal possession…
In recent news, the Eastern District of the Oklahoma United States Attorney’s Office announced on January 10, 2014 that Gary J. Neel of Wagoner, Oklahoma, was sentenced to 24 months imprisonment without parole and 5 more years of supervision for failure to register and update his registration as required by the Oklahoma Sex Offender Registration and Notification Act. Neel had…
In May of 2013, Oklahoma became the 50 state to enact legislation covering post conviction DNA review for criminal defendants. The new law, 22 O.S. § 1373, Post conviction DNA Testing Act, is some of the most comprehensive legislation on DNA review in the nation. The law impacts criminal defendants that received 25 years or more of imprisonment in violent felony cases….
Some clients may not know that the same act can subject them to both civil and criminal liability. Our U.S. legal system does in fact have both civil laws to provide remedies to injured parties and criminal sanctions to punish wrongdoers. This article briefly discusses distinctions in criminal and civil law, so you can better understand each system. Different Purpose: Civil…
Sex crimes have been growing over the years in Oklahoma, and across the United States. With the exponential growth of the internet, it’s no wonder that internet sex crimes are also growing. Communication online is much easier than meeting in person. This causes people to flock to the internet. Many solicit sex in chat rooms or on social media websites,…
Miranda is one’s right to remain silent. It states that the prosecution through the Police may not use statements of individuals when they are in custodial custody without first receiving their miranda right to remain silent. Miranda is a precautionary rule. It protects the Fifth Amendment rights of suspects within criminal cases. However, Miranda is only applicable when the suspect is in custodial custody and…
Oklahoma prosecutors have a limited period of time in which to press criminal drug charges against an individual. This allows police and the prosecutor sufficient time to determine if probable cause exists. Then to formally charge someone with a drug crime. Oftentimes, with drug charges, it could take a prosecutor up to one year or even longer to get probable…
Traffic tickets are a common annoyance that many Oklahoma citizens must deal with. Whether it’s a parking ticket, no insurance, not wearing a seat-belt, or a speeding ticket , we can help. The biggest mistake many Oklahoman’s make is to ignore a traffic ticket. Don’t ignore a traffic ticket call our Tulsa traffic ticket attorneys today! In Oklahoma, a court…
As most people are aware, facing criminal charges is extremely difficult, and without proper representation, can have life-altering repercussions. However, trying to find the right criminal defense attorney can present several challenges. This at times, may influence people to act out of desperation and hire the first attorney that comes along. It is important to realize that having a skillful…
Most people know that they can go to jail for a DUI if a blood chemical test shows that they were driving with illegal narcotics in their blood. Fewer are aware that prescription drugs that impair perception, coordination and otherwise impact driving ability can also be the basis for a Oklahoma DUI arrest. You may be subject to a DUI prosecution…
Violations of Oklahoma sexting laws are on the rise. Many parents may find the constant texting activity of their kids to be annoying. However, parents may not realize that a common text messaging activity can result in their teenagers facing criminal charges for creating, distributing or possessing child pornography. This common activity among teens which may expose your teen to…
ICE holds involving drug possession in Tulsa can have crippling effects on your family. If you’re not a U.S. citizen and suffer an arrest for a criminal offense, the potential consequences for you can be particularly devastating. Many times the Immigration and Customs Enforcement (ICE) agency will place an ICE hold on those under arrest and have no documentation that…
Stop and frisk abuse in Tulsa is a real concern. Since the early 1990’s its been a problem for citizens in Tulsa and the Country as a whole. If unchecked stop and frisk abuse allows the Police to stop you and search you without a reasonable suspicion that you committed a crime. When you’ve been arrested you need an attorney to…
APC DUI criminal charges in Tulsa can be a nightmare. After a night of bar hopping with friends, you think you’re sober enough to drive home. After walking to your car on the street along the curb, you pull out your keys. Immediately you realize you are in no shape to drive. Because you are responsible, you decide to sleep…
Oklahoma field sobriety testing can be challenged in Tulsa DUI cases. This is because many State and local Police make mistakes administering the test. Also some of the cues the Police use for Oklahoma filed sobriety testing can be considered less the objective proof of DUI. If administrated incorrectly Oklahoma Field sobriety testing will get you a not guilty. Not…
Tulsa attorneys defending against Oklahoma DUI charges push the same narrative to clients. Through information on what to do its hoped defending against Oklahoma DUI charges can continue trending towards higher success rates. People receive drunk driving convictions in Tulsa and throughout Oklahoma on a daily basis. But, many of those arrested for DUI might well have avoided arrest and/or conviction had they…