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Oklahoma Criminal Attorneys You Can Trust

Have you, or someone you love, been arrested in the state of Oklahoma? Facing criminal charges can be intimidating, but you have options when you have an excellent criminal lawyer on your side. Don’t make the mistake of trying to represent yourself when you could have a professional on your side. You need an attorney who understands state law to guide you through the court process from arrest to sentencing and beyond. Make sure you have an Oklahoma criminal attorney on your side every step of the way.

Oklahoma Defense Attorneys Will Fight For Your Rights

Whether it was a misunderstanding in Bricktown or a disruption in Broken Arrow, you have rights. A defense attorney will advise you of these rights and help to protect them. Knowing what you are entitled to could make the difference between spending time in jail and having your charges dropped. Let’s take a look at some of the rights you have when facing charges:

  • The right to an attorney – This is one of your most important rights when you are arrested. Don’t talk to police without an attorney. Make sure that you hire a lawyer as soon as possible if you are arrested.
  • The right to a fair trial – Being charged with a crime doesn’t mean you will be convicted. You have the right to a trial and the right to defend yourself and tell your side of the story.
  • The right to remain silent – No matter what the police may tell you, it is always best to have a lawyer with you when you are being questioned. You don’t have to talk to police unless you want to.
  • And many others.

If you are charged with a crime or think that you may soon be charged, contact an attorney now. Don’t wait; the outcome of your trial may depend on it.

 

Find an attorney in your area now; contact us!

Defending You In Court

You have a story to tell. Maybe you are innocent of the crime for which you have been accused or there are reasons you had to do what you did. Having an attorney will help you to tell your side of the story. Your Oklahoma defense lawyer will use the facts of your case, local and federal laws and other factors to prepare and present a strong defense in court. The prosecution will be prepared and ready to present their case; make sure you are ready as well. We can help you find a lawyer with experience defending crimes like:

  • Assault
  • Theft
  • Burglary
  • Rape and Other Sexual Offenses
  • Murder
  • And Others.

Helping You Secure the Best Possible Outcome

After an arrest you may feel like you are being judged by everyone you know. People don’t always understand that mistakes happen. Maybe you decided to drive home after having too much fun at the casino or you were drowning in gambling debt and made the mistake of trying to steal. Your attorney won’t judge you for your mistakes. They will strive to understand your situation and create a defense using the unique factors of your case. Maybe you are a first time offender or didn’t understand the law you were breaking. Your attorney will try to get your charges dropped, secure a not guilty verdict, or negotiate with the courts on your behalf. A knowledgeable attorney will understand the options available and use the unique factors of your case to your advantage.

Whether you live in Tulsa, Oklahoma City, Norman or somewhere else in Green Country, you need an Oklahoma attorney to fight for your rights. Let us help you find an attorney you can trust. We are ready to find you the representation you need; contact us now.

Are You Facing Criminal Charges in Oklahoma?

Oklahoma criminal laws and the criminal justice process itself can be confusing and somewhat overwhelming when laypeople are defendants. Often, the process – from arrest through the bringing of charges, going through a trial, and obtaining a verdict moves very quickly, and there is no time for the defendant to gain an understanding or process the potential ramifications of the charges levied against them. An Oklahoma criminal defense attorney offers both clarity and support throughout this process, while simultaneously providing the client with some much-needed knowledge of the laws of Oklahoma.

Oklahoma criminal defense requires a significant level of familiarity with the pertinent criminal laws. As is true elsewhere in the United States, Oklahoma categorizes each crime as either a misdemeanor or felony. However, Oklahoma is among the few states that do not further divide misdemeanors and felonies into classes. This means the penalties that may be imposed upon conviction for a given crime is specified in statutes that are specific to that crime, rather than falling within a range set forth in a schedule.

For example, both aggravated assault and drug trafficking are felonies, but the maximum sentence for each is set by certain statutes that prohibit each of these actions.

In addition to understanding the way Oklahoma sets forth potential punishments, a criminal defendant should be familiar with the unique 85% rule that applies to sentences imposed on convicted individuals within the state. Under this rule, a defendant is required to serve 85% of the assigned sentence before having the opportunity to seek parole. This 85% rule does not apply to all Oklahoma crimes, however. Instead, it is specific to particularly serious crimes in Oklahoma.

Ready to begin building a better defense to Oklahoma criminal charges?

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Five Common Crimes Charged in Oklahoma

Due to certain unique characteristics, criminal law in Oklahoma is often less than straightforward. Individualized sentencing structures and a degree of uncertainty that surround potential punishments are only two of the most obvious examples. We hope to offer a greater understanding of the crimes that are most commonly charged in Oklahoma by delivering brief descriptions of a few of them. Still, if you have questions about how these or any of the criminal laws in effect within the state may apply to your circumstances, you should speak with a criminal defense attorney in Oklahoma.

Domestic Violence

Across the United States, certain specific laws specifically prohibit acts of violence and threats against spouses and other family members. In the criminal sense, however, the exact definition of domestic violence varies somewhat from state to state. While these laws are similar in concept, their specific definitions can vary significantly from state to state.

Oklahoma categorizes domestic violence as a subset of assault and battery. That means any action that would be considered a criminal offense and classified as assault or battery in the state – such as bodily harm by pushing, punching, or use of an object – is considered domestic violence when it is committed against a family member.

Essential to the definition of domestic violence in Oklahoma is the definition of those who are considered family members. The following individuals are family members to a defendant:

  • The current or former spouse of the individual
  • A present spouse of the former spouse of the accused person, or the former spouse of the present spouse of the defendant
  • A parent or foster parent
  • A child of the actor
  • Any person related to the actor, whether by blood or marriage
  • A boyfriend, girlfriend, or domestic partner
  • The natural parent of a child belonging to the actor
  • A current or former roommate
  • Strong criminal penalties will follow conviction for domestic violence because all Oklahoma domestic violence laws focus on preventing the proliferation of patterns of domestic violence and repeat offenses. A first-time offense for domestic violence is considered a misdemeanor punishable by a maximum of one year in prison. However, a repeat offender – meaning someone charged with three or more domestic violence incidents within any three-month period – faces serious felony charges that could garner a sentence of up to 10 years in prison.

    Find a top Oklahoma domestic violence defense attorney.

    DUI

    Every state has laws against drinking and driving and, in each one, the legal determinant to be charged with driving under the influence (DUI) is a blood alcohol concentration (BAC) of 0.08%. At or above this limit, an individual commits DUI. Some states use different terms for DUI. For example, as in Oklahoma, many states refer to this offense as driving while intoxicated while Ohio calls it operating under the influence – shortened to OVI. Other states use the term driving while intoxicated or DWI to mean driving a vehicle when the BAC is above the legal limit.

    Where both DUI and DWI exist as separate crimes, the terminology used to describe DUI is particularly important. DUI means an individual is operating a vehicle with a BAC of 0.08% or above. DWI is operating a vehicle after having consumed alcohol, but with a BAC that tests below 0.08%. This provision means that if an individual drives impaired by alcohol, he or she can be charged for drunk driving in Oklahoma, even without surpassing the legal limit.

    Charging a driver with DWI requires the police and prosecution to produce more evidence than just the individual’s BAC. Other circumstances, such as reckless driving or swerving, must have been present to demonstrate that the individual was impaired and unable to operate a motor vehicle safely. However, once he or she is convicted of DWI, a driver will serve up to six months in jail.

    A first-time DUI offender faces similarly harsh administrative and criminal punishments – such as a maximum criminal fine of $1,000 and up to one year in jail. Subsequent DUI offenses occurring within 10 years drastically increase the potential penalties. For example, a second offense is a felony in Oklahoma, and conviction could mean five years in jail, while a third offense may result in a 10-year term of incarceration.

    As these potential punishments suggest, DUI offenders are treated harshly in Oklahoma. Even individuals facing a first-time conviction should hire a qualified Oklahoma DUI lawyer.

    Find an experienced Oklahoma DUI attorney.

    Burglary

    Under burglary law in Oklahoma, the differentiation between the two degrees of burglary – first-degree and second-degree burglary – is based on the same two elements. First, unlawful entering the building or dwelling of another person, and second, doing with the intent to commit a separate felony inside. The difference between the two levels of severity is simple. First-degree burglary takes place in a dwelling or other building while it is occupied, while second-degree burglary takes place in unoccupied property.

    While the definitions of these two separate degrees of the same basic crime very similar, there is a significant difference in their potential punishments.

    As the more serious offense, first-degree burglary is punishable by a prison term of not less than seven and not more than 20 years. On the other hand, an individual convicted for committing a second-degree burglary will receive a prison sentence of not less than two and not more than seven years. The major difference between these two potential punishments is that first-degree burglary is referred to as an 85% crime in Oklahoma. That means an individual must serve 85% of the sentence before parole becomes available. Second-degree burglary is not an 85% crime.

    Find the best burglary lawyers in Oklahoma

    Sexual Assault

    In Oklahoma, several offenses fall under the umbrella of sexual offenses or sex crimes. While these laws cover a wide range of prohibited and criminal activity, Oklahoma sexual assault laws are arranged differently than those of most other states. To begin, no statute directly addresses the crime of sexual assault. Insead, Oklahoma has individual statutes that criminalize rape, sodomy, and sexual battery.

    Sexual battery is a separate, and often more serious, offense under the Oklahoma assault laws that cover intentional or reckless physical harm or offensive touching.

    The Oklahoma statute explicitly and clearly defines sexual battery as unlawful and intentional touching, mauling or feeling the private parts of a victim over the age of 16. If the victim is under 16 years of age, sexual battery is a statutory crime and, even if the victim consented, the defendant is still considered to be guilty. The punishment for sexual battery is a minimum of one year and a maximum of 15 years in prison.

    Rape is defined as an unlawful and non-consensual act of sexual intercourse and, in Oklahoma, it is explicitly described as unlawful intercourse with a victim who is not the spouse of the actor. Oklahoma law addresses two separate degrees of rape. Rape in the second degree is the less serious crime, and it carries a minimum punishment of one year and a maximum of 15 years in prison. If aggravating or egregious circumstances accompany the rape itself, a heightened degree of the crime is charged.

    An individual will be charged with rape in the first degree only in certain specific circumstances. The Oklahoma sexual assault laws are quite explicit in their description of these circumstances because a conviction for rape in the first degree carries a hefty punishment. Rape in the first degree is defined as unlawful sexual intercourse if it occurs under the following circumstances:

  • By use of an instrument when the victim under the age of 14
  • Through use of an instrument that causes bodily harm
  • By use of violence or physical harm, or use of threats of violence or physical harm
  • When the victim is under the influence of intoxicating substances or is unconscious and cannot provide consent
  • When the victim cannot provide consent due to a mental illness or unsound mind
  • When the victim is younger than 14 and the defendant is over 18 years of age
  • Although first degree rape has a mandatory sentence of five years, most people who are convicted of this crime receive a much more substantial sentences. Additionally, rape is an 85% crime in the State of Oklahoma. That means a convicted individual must serve 85% of the mandated sentence before pursuing the possibility of parole. Also, in the most egregious instances, an individual convicted of first degree rape can be punished by the death penalty. Due to the severity and potential implications of a rape conviction, anyone charged with this crime should immediately engage an Oklahoma criminal defense attorney.

    Find a top sexual assault defense attorney.

    Larceny

    Whether it is referred to as larceny, stealing, or theft, every state criminalizes the unlawful taking of property that belongs to another person. In Oklahoma, this offence is called larceny, and it is expressly defined as taking – whether by fraud or stealth – the property of another person. In addition to the requirement to prove that the individual did, in fact, take certain property from someone else, the laws governing larceny require proof of the intention to keep the property. In the statute, this is described as an intention to deprive the owner of such property.

    Two separate offenses fall under this basic definition of larceny. Grand larceny – the more serious of the two – is charged when the property taken is valued in excess of $500 or the property was taken directly from the person of the victim. All other forms of larceny are considered petty larceny and, while petty larceny is punishable by a maximum of 6 months in jail and/or a fine of up to $500, grand larceny has a correspondingly more substantial punishment.

    If a person is found guilty of grand larceny because of the taking of property valued above $500, the resulting term of incarceration will be more than one year but less than five years. However, if the stolen property was worth less than $500, but was taken directly from the person of the victim – such as in a case of pickpocketing – the sentence is reduced to not more than one year of incarceration and/or a fine of up to $5,000.

    In Oklahoma, courts can also require the defendant to pay restitution to the victim to cover any losses they may have sustained because of the theft.

    Find an Oklahoma criminal lawyer experienced in theft.

    Other Crimes

    The Oklahoma criminal defense lawyers who comprise Criminal Lawyer are well prepared to defend clients against a variety of crimes in Oklahoma. Our experience is not limited to the most common crimes in the state. It extends to defense of federal crimes and appellate level defenses. Whether you are seeking a lawyer for defense against such serious charges as murder, or a less severe misdemeanor such as possession of a controlled substance, we can help you.

    Importance of an Experienced Criminal Defense Lawyer

    While statutes and court cases will dictate the criminal punishment for convicted defendants, the substantial long-term impacts extend far beyond the sentences themselves. A criminal conviction – and, in particular, a term of incarceration – can adversely affect future job opportunities, personal relationships, friendships, and even the self-esteem of the individual. While these negative effects are not often discussed in comparison to such subjects as jail sentences and substantial fines, they do have lasting effects on your life.

    Therefore, a not guilty verdict, dismissal of your charges, or presentation of mitigating factors are all potential goals of your criminal defense. What is the right strategy to minimize the negative impact of criminal charges? How do you get your life back on track? Where do you begin? These are all questions that can be answered by an Oklahoma criminal attorney. Contact one today.

    If you don’t know how to find a criminal defense attorney in Oklahoma or where to turn for defense against criminal charges in Oklahoma, turn to us.

    [Disclaimer – this is not legal advice.]

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