4 Strikes Law in Oklahoma is called House Bill 2153. This new bill makes significant changes to current possession of CDS laws in our State. As part of criminal defense reform many states have set up alternative or reduced sentencing for many crimes. House Bill 2153 is an attempt to reverse or otherwise mitigate what some claimed as a lenient…
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…
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….
Oklahoma law recognizes two types of contempt, called direct and indirect contempt. Direct contempt happens in the presence of the judge when someone purposefully interferes with the judge’s job and willfully fails to follow the judge’s orders in court. Indirect contempt happens when the person fails to follow the court’s orders outside of court. In domestic and family law, indirect…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…