A breakdown of the facts pertaining to some of Tulsa Oklahoma’s most frequent criminal crimes are listed below, including basic facts surrounding the charges. Please note, this article is not legal advice, and consulting with an attorney does not mean an attorney-client relationship has been formed. You should be clear when that begins and request a written retainer agreement that will outline all of your rights and the attorney’s responsibilities.
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Criminal crimes in Oklahoma range from misdemeanors to felonies. It is important to note that the state of Oklahoma does not organize misdemeanors or felony charges into separate categories. Instead, any person convicted of a misdemeanor crime in the state of Oklahoma faces a maximum sentence of one year in jail, five hundred dollars ($500) in fines, or both. Some Oklahoma misdemeanors include supplying tobacco to minors, harboring a runaway child, slander, stalking, traffic tickets, alcohol-related charges, some drug-related charges, crimes pertaining to property, and some assault charges. Meanwhile, a felony charge is any crime committed that is punishable by death or imprisonment. Examples of Oklahoma felonies include, but are not limited to, aiding suicide, murder or manslaughter, rape, destroying the flag, dueling, desertion of children under the age of ten, and commercial gambling. Oklahoma felonies are also covered by Oklahoma 85% rule; meaning those convicted of certain crimes are required to serve 85 percent of their time before becoming eligible for parole. Some of these crimes include; first-degree murder or manslaughter, aggravated drug trafficking, child prostitution, and robbery with a dangerous weapon.
Understanding the difference between theft and burglary is important. Theft simply means any occasion where something is taken from one party by another party who has zero intention of returning it. A variety of thefts include grand theft, petty theft, property theft, and financial theft. When a crime involves force or even the threat of force, legal punishment becomes heightened. Burglary however means “unlawful or forcible entry or attempted entry of a residence.” Note that a resident is not specific to a home, but includes any structure on the property. Forcible entry and attempted forcible entry qualify as burglary.
Armed robbery in Tulsa Oklahoma stands in a category alone. 2014 Oklahoma Statutes Title 21. Crimes and Punishments §21-801 states that a robbery or attempted robbery with a dangerous weapon or an imitation firearm is a felony. Any person or persons who, with the use of any firearm or any other dangerous weapons, whether the firearm is loaded or not, or who uses a blank or imitation firearm capable of raising in the mind of the one threatened with such device a fear that it is a real firearm, attempts to rob or robs any person or persons, or who robs or attempts to rob any place of business, residence or banking institution or any other place inhabited or attended by any person or persons at any time, either day or night, shall be guilty of a felony and, upon conviction therefor, shall suffer punishment by imprisonment for life in the State Penitentiary, or for a period of time of not less than five (5) years, at the discretion of the court, or the jury trying the same.
Upon conviction, therefore, any person guilty of three separate and distinct felonies, in violation of this section shall suffer punishment by imprisonment for life in the State Penitentiary, or for a period of time of not less than ten (10) years, and it is mandatory upon the court to impose no less than the minimum sentence of ten (10) years. The sentence imposed upon such person shall not be reduced to less than ten (10) calendar years, nor suspended, nor shall any person be eligible for probation or parole or receive any deduction from his sentence for good conduct until he shall have served ten (10) calendar years of such sentence.
A more common criminal crime in Tulsa is DUI and DWI. There is a difference between the two. Driving under the influence is referred to as a DUI. Driving while impaired pertains to a DWI. According to Oklahoma state laws, anyone with a blood alcohol content (BAC) higher than 0.08% is legally “intoxicated. Your BAC amount will decide what charge you receive. When you’re operating a vehicle with a BAC over 0.08% it is considered a DUI, while having content below 0.08% is considered a DWI.
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Two of the most serious crimes in Oklahoma are murder and manslaughter. Homicide that is considered accidental, in which the person had no intention of taking a life, but results in death through negligence or recklessness is defined as manslaughter. Murder in Oklahoma, however, is more complicated. Oklahoma statutes provide there are five ways to commit homicide in the state of Oklahoma. According to Title 21. Crimes and Punishments Chapter 24 – Homicide Murder, Section 701.7 – Murder in the First Degree
If you are facing criminal charges in Tulsa Oklahoma, act fast. There are many factors to take into account when preparing to hire an attorney. Here are some basic questions to ask: How many years have they been practicing criminal defense law in Tulsa? It’s often safe to assume the longer a lawyer has practiced in a field the more experience they have. How many criminal defense cases have they presided over? Choosing a lawyer who has vast experience defending clients against the criminal justice system is likely to produce better representation. Ask a potential lawyer of those cases he represented, how many went to a jury trial? There is a major difference in trying a jury trial than a standard hearing. Retaining a lawyer who has the ability to manage a trial law increases your chances of receiving a plea bargain. Prosecutors often attempt to avoid long drawn out trials when possible. Is the attorney a member of the Oklahoma Bar Association? Is the attorney certified by the National Board of Trial Advocacy? There are currently 2400 lawyers certified by the NBTA. Does the firm charge a flat fee or hourly rate? If the firm charges a flat rate the lawyer earns no more money if your case takes substantially longer to negotiate. However, if you pay an hourly rate, expect to pay a retainer upfront for services. Keep in mind that litigation can be a lucrative practice. Endeavor to be honest about your budget and establish your expectations from the start.
After retaining the lawyer you find appropriate to handle your criminal case remember to be honest. Whether you’re guilty or innocent, a lawyer can work better when they have the full facts of the case, even if they are incriminating against yourself. Breath easy knowing under the United States law, conversations you have between your legal representation and yourself are protected through attorney-client privilege. This means the law prevents any person from disclosing confidential communications between you, the client, and your attorney. Use the Tulsa Attorney Directory to find a Criminal Defense Attorney today.