Shooting with intent to kill is a felony crime in Oklahoma. The law takes shooting with intent to kill very seriously. As a result, the law considers any type of firearm under 21 Okl.St.Ann. § 652(A). So using something like a bow-and-arrow or other non-gun firearm would also fall into this arena. Further, “purposefully” shooting the weapon at another person intending to kill or with the knowledge that death is a possibility, can face these charges. This statute does not address self-defense claims, nor does it leave… Read More
Tulsa Criminal Lawyers
Texting and Driving in Tulsa County
Tulsa County Texting and Driving Tickets is a fairly new ticket being issued by the Police in Oklahoma. In 2015, the Oklahoma Governor signed into effect Okla. HB 1965. This made Oklahoma the 46th state to ban texting and driving. The National Safety council reports some startling statistics about texting and driving. An estimated 25% of the annual 1.6 million car accidents are the result of texting. Further, approximately 330,000 injury accidents are due to texting each year. If you face texting while driving charges this article explains… Read More
Juvenile Criminal Record Expungement
Juvenile criminal record expungement in Oklahoma is a real thing depending on the juvenile offense. In most instances the juvenile offense is sealed once the child reaches the age of majority but is some cases it does not. When records are not sealed, you have the opportunity to expunge the record under 10A Okl.St.Ann. § 2-6-109. To get a juvenile criminal record expungement, you must first be 21 years or older. If you are, then your record must be clean with no criminal convictions, and have no… Read More
Assault and Battery on an Officer
In March of 2017 a Broken Arrow English professor was arrested on complaints of running a red light and driving under the influence. While handcuffed during the arrest, the teacher lunged at the arresting officer. He hit the officer with the handcuffs and tried to continue physically attacking the officer. This resulted in felony Assault and Battery on an Officer charges. If you find yourself in a situation like this, the following article explains the legal ramifications and what you may face. LAWS: Assault and Battery on… Read More
First Degree Manslaughter in Tulsa
The Elements of First Degree Manslaughter: For first degree manslaughter in Tulsa to be charged and proven, four elements must be present. These are that an (1) unintended (2) death of another person must occur (3) in an unusual or cruel manner(4) while the person causing the death is committing a misdemeanor crime, in the heat of passion, or using excessive force. See Okla. Stat. tit. 21 § 711. We can break it down further like so: To prove first degree manslaughter in Tulsa Did someone die?… Read More
Defending Unauthorized Use of a Motorcycle in Tulsa
The unauthorized Use of a Motorcycle in Tulsa is crime that the State of Oklahoma seriusely prosecutes. As Motorcycles and riding in clubs are a common hobby in Oklahoma we’ve seen an increase is prosecution for the unauthorized use. This opens the door for more laws regarding their use. Motorcycles are clearly the two-wheel motorized bikes we are used to. However, they can also be a three-wheel vehicle, like the motorized trikes becoming popular. Further, the engine must be 150 cu. cm to legally be a “motorcycle”. … Read More
Defending Threats by Phone in Tulsa
Threats by phone in Tulsa are still a common occurrence. In fact, an Oologah man was the recipient of threats in a recent call from ISIS recruiters. As in this case, callers can mask themselves under the OSBI’s number. He received a call in which the caller asked for money. When the man hung up, the caller called again and began saying he was from ISIS and wanted the man to join them or else he would hurt his family. The caller called a third time and repeated the… Read More
Possession of a Stolen Vehicle in Oklahoma
Possession of a Stolen Vehicle in Oklahoma: As you can probably guess, possession of a stolen vehicle is a crime. Under 47 Okl.St.Ann. § 4-103, there must be certain factors present before the court can convict you on the charge. These include: – You must know the vehicle is stolen; – Have possession of the vehicle; and – You cannot have any legal grounds to have the vehicle. “Legal grounds” would be that you legitimately believe you bought the vehicle or the vehicle is yours and you… Read More
Failing to Pay Criminal Fines and Applications to Revoke
Failing to pay criminal fines and court costs is more than a single problem. First, it may be difficult to find steady employment after an arrest. If you cannot find a job, you may be subject to re-arrest and increased penalties. For example, a Tulsa area man was released after serving his sentence, but had a heavy court fine. Unable to find work because of his criminal record, the man became homeless and eventually went back to prison for stealing $14 worth of food. Daily incarceration rates in… Read More
Explaining Deferred or Suspended Sentence in Tulsa
A Deferred or Suspended Sentence in Tulsa causes confusion for people involved in criminal defense. During criminal court proceedings, you may hear the terms deferred sentence or suspended sentence. While both sentences are preferable to jail time, they differ from each other. These are important differences and will affect how you will act after receiving the sentence. Below we explain those differences and what they mean to you. Deferred Sentence—What it is and what it means: In essence, a deferred sentence is when you enter a plea… Read More