Tulsa County Lawyers Explain Oklahoma Domestic Abuse Crimes

Oklahoma Domestic Abuse Crimes are common and carry steep punishments for convictions. Former NBA Timberwolves player, Dante Cunningham, was accused of domestic abuse in 2014 by his then-girlfriend.  The charges included kicking in doors, then pushing and choking her.  As a result of these charges, he was not re-signed to the Timberwolves the following year.  Further, other teams have been reluctant to sign him due to the charges and his career is basically over.  The noteworthy part though, is that the allegations were false and no conviction resulted.  It was a form of revenge and posturing by Cunningham’s then-girlfriend in an attempt to gain from his lucrative career.  False allegations of domestic abuse can be common in custody and divorce situations.  Read on to understand the charges and how we can help.

Defining Oklahoma Domestic Abuse Crimes:

Okla. Stat. tit. 21 § 644(c) defines domestic abuse as assault and battery against any of the following people:

–  former spouse

–  current spouse of your ex-spouse

–   ex- spouse of your current spouse

–  a child or parent (esp. eldlerly)

–  a family member

–  a romantic partner

–  a co-parent

–  a roommate (current or former)

In reality, anyone who is a family member, is or was a romantic partner, and/or a roommate is a person who could be considered a victim of domestic abuse.  Depending on the severity of the abuse, the penalties may differ.

Penalties for Domestic Abuse:

A first offense of domestic violence is a misdemeanor.  It is punishable up to one year in prison and/or by fines up to $5,000. However, a second offense is a felony.  This carries more severe penalties.  If convicted, a person may serve up to 4 years in prison and/or pay a fine of $5,000.  Further, even after completing all steps of the punishment, a felony will remain on your permanent record.  Thus, you could have trouble finding employment, housing, or gaining custody of children.

Other Related Assault and battery crimes:

Our Lawyers Help With Oklahoma Domestic Abuse Crimes

If you find yourself in a situation like Dante Cunningham’s where false allegations of domestic violence are ruining your life, call our Oklahoma Domestic Abuse Crimes attorneys in Tulsa County.  We want to help defend you against unfair and unjust charges.  Our team of Tulsa County Criminal attorneys will ensure you receive the best defense possible.

Violating a Protective Order

Violating a protective orderIn Tulsa County Violating a protective order is a criminal offense. When discussing violating  a protective order It’s first useful to understand what a protective order is and why people use them.  First, a protective order intends to protect someone from another person’s harmful actions.  This is most often the case in spousal abuse, stalking, or harassment incidents.  For example, in the 1984 Oklahoma case of Marquette v. Marquette, the ex-wife was granted a protective order against her ex-husband.  He harassed her, verbally threatened her, and threw clothing, children’s toys, and other items at her in front of their children.  This situation is typical for protection orders.

Levels of Penalties for Violating a Protective Order

Violating a protective order is punishable in Oklahoma.  Violations include anything that is expressly prohibited in the order.  This is often communication through phone, text, or in person; any personal contact; or being present within a certain vicinity of the victim.  However, the degree of punishment is dependent on certain matters.  The following will discuss and explain these in detail.

First Offense w/out Physical Harm:  Upon the first violation of a protective order and if no injuries to any party occur, the offender may receive misdemeanor charges.  This carries a maximum of one year in county jail.  The prison sentence may also couple with a fine up to $1,000.

First Offense w/Physical Harm:  If physical injuries or harm occurs to anyone present during a first time violation of the protective order, then it is a misdemeanor.  The fines can reach up to $5,000 and jail time is 20 days to one year.

Second Offense:  If the protective order has been violated before and this is a repeat offense, the penalty is a felony.  This is subject to 1 to 5 years in prison and a fine between $300 and $10,000.

Further, any of these penalties can include court ordered treatment programs such as: anger management, domestic abuse programs, substance abuse counseling, etc.  The programs last 52 weeks and subject to review 120 days after completion.  If the issues are severe enough, penalties may also require a GPS monitoring device.  The offender will be liable for all fees regarding the GPS device.

Let our Tulsa County Lawyers Help You:

If you are struggling with the legal ramifications of a protective order call us.  Our attorneys have experience navigating these channels and can help. Our first consultation is free. For more information read our Tulsa County Lawyers blog or call us at 918.379.4864

Assault and Battery in Oklahoma

As far as violent crimes are concerned assault and battery is one of the most common crimes in the United States. In Oklahoma Assault and Battery can be separate or dualAssault and Battery - Tulsa County Lawyers Group crimes.  This is often a confusing topic to people who are facing charges on one or the other.  For example, assault cannot include a battery, but a battery can include an assault.  However, there are distinct differences between the two.  Read on to get a better understanding of what you may be facing.

Assault vs. Battery:

Assault

Okla. Stat. tit. 21 §641 defines assault. First, the assault must be a willful act that you know and intend to do.  Second, the act must also be unlawful.  Finally, an assault must be a threat or attempt to do bodily harm to another.  However, no actual physical contact occurs.   Examples of assault are:  moving toward another with a closed fist, threatening harm on another, intentionally frightening someone to make them believe they are in imminent harm.

Battery

Conversely, battery is defined differently.  Okla. Stat. tit. 21 §642 defines battery.  It includes the willful and intentional act of physically harming another person.  The person harming to victim must also have unlawful motives and use violence or force.  Physical contact must occur and some sort of injury must result.   Examples of battery include:  punching someone, shoving someone down in a heated argument, hitting someone with an object (especially if you intend to harm with the object), and many more.

So, the difference between assault and battery is well defined.  Assault is putting a person in fear of a battery, while a battery is actually making physical contact.

Penalties for Assault and Battery:

An assault is generally a misdemeanor crime.  This regularly includes a minimal jail sentence of 30 days or a fine a $500.  In some situations both penalties may occur.  Battery however, is more complicated.  A simple battery may only increase the misdemeanor assault to 90 days in jail and a $1000.  However, depending on the seriousness of the battery, you may be facing felony charges.  This is especially true if the battery is against a romantic partner, peace officers, medical personnel, or on-duty school staff.

Assault and Battery Lawyers in Tulsa County:

If you’ve been charged with assault or assault and battery in Tulsa County we want to help you. Its not enough for the State to simply charge you with the crime they have to prove each and every element of the crime. That means they must have a victim of the crime and this witness must testify that you committed the crime. This means they have to prove an intentional act on you part that caused harm or immediate risk of harm to the other person. Serious criminal charges require serious criminal law representation. Call 918-379-8684 our Tulsa County criminal defense attorneys for a free consultation.

Back Taxes in Oklahoma Bankruptcy

Back taxes in Oklahoma bankruptcy are dischargeable but it must meet certain requirements. The requirements are strict and require a careful analysis by a top bankruptcy attorney that deals with back taxes in Oklahoma bankruptcy.

Types of Back Taxes in Oklahoma Bankruptcy:

Tax debts are either priority or non-priority.  How they Back Taxes in Oklahoma Bankruptcyclassify determines their treatment.  A priority tax debt is not dischargeable, either in Chapter 7 or in Chapter 13.  In a Chapter 7, they become immediately repayable after the discharge grants and the bankruptcy stay lifts.  In Chapter 13, they count with any other priority debts and paid in full through the bankruptcy plan.

Non Priority Taxes in Oklahoma Bankruptcy:

A non-priority debt is like any other unsecure debt.  In a Chapter 7, that means it is dischargeable.  In a Chapter 13, the tax debt is paid alongside all the other unsecured debts through the plan, and any remaining balance post plan would be dischargeable.

For a tax debt to be non-priority, it must meet several strict conditions.  First, it must be income tax.  Second, it must have arisen at least three years before the bankruptcy was filed, and the return for that tax year must have been filed at least two years before the bankruptcy.  Further, it must receive an assessment by the tax authority at least 240 days before the bankruptcy, or not assessed at all.  Finally, there must not have been fraud or willful misconduct in the creation of the tax debt.  If a tax meets all those criteria, it is non-priority.  Unfortunately, this occurs very, very rarely.

Priority Taxes in Oklahoma Bankruptcy:

Because of this, for debtors with significant tax debt, a Chapter 13 bankruptcy, if feasible, may be a better course of action than a Chapter 7, even if they qualify for a Chapter 7.  The first key is that the chapter 13 plan must pass the feasibility test and that’s for another post.

The reason for paying the taxes in a 13 are a few. That is because the bankruptcy plan takes precedence as a method of payment over whatever the tax authority may want.  Therefore, a debtor would have the option of paying out the tax debt over the course of five years, at zero interest, rather than being forced to pay a lump sum, or enter into a payment plan that has an interest rate attached.  Any debtor with significant income tax debt should consult with their bankruptcy attorney regarding the best course of action for dealing with tax debts.

Get a Free Consultation With a Tulsa County Bankruptcy Attorney:

If you’ve reached the end of your rope as it pertains to creditors we care and we can help.  If you also have certain tax debt back taxes in Oklahoma Bankruptcy is forgiveable. Call our bankruptcy attorneys today and find out where you stand. Call 918-379-4864 and get the legal advice you need.

Tulsa County Receiving Stolen Property Attorney

Oklahoma has one of the strictest laws in the nation pertaining to the possession of stolenTulsa County Receiving Stolen Property property. In Oklahoma, the burden of proof basically falls on the buyer of merchandise. The buyer must show that they exercise reasonable due diligence in making sure that the goods they buy weren’t stolen. Basically the law says the buyer should know or should have known the goods how the background of the goods. The penalty for felony possessing stolen property is a $500 fine and up-to 5 years in prison.

It’s the responsibility of the buyer to ask questions as to how the seller obtained the merchandise that’s for sale. If the seller is acting under suspicious circumstances then one can presume that the merchandise in question is illegitimate. A very simple, almost foolproof test is to never purchase anything that the seller cannot produce a purchase receipt for.  But if the seller has a receipt proving the purchase date of the exact merchandise, make a copy and keep it. This is further evidence that you used reasonable care to investigate where the property came from.

In addition to getting original purchase receipts, there are several items that one needs to be suspicious about.  Suspicious items include those most often resold by theives.

Receiving Stolen Property Like Jewelry and Watches:

Diamond rings and gold chains are one of the most frequently stolen pieces of merchandise and are often the target of theft. As a result, jewelry dealers must do thorough record keeping and checking in order to make sure that the merchandise they buy is legitimate.

Oklahoma Stolen Bicycle Crimes

A new bicycle can cost between $500 and $2000 dollars making them an attractive target for thieves. Anyone with a chain cutter can easily steal an unattende bicycle.

Stolen Property Like Smart Phones and Notebook Computers

The next most valuable items of consumer property frequently targeted include smart phones and notebook computers. Further, burglars target these electronics in internet cafes and coffee shops. An important element about this crime is affixing the value of a stolen phone. Many over zealous Tulsa County criminal prosecutors will over value the phone in an effort to charge the Tulsa County receiving stolen property crime as a felony

Free Consultation: Charges in Tulsa County Receiving Stolen Property

When it comes to buying jewelry, watches, bicycles and smartphones on the street and not from an established, reputable dealer, it’s probably a good idea to remember the old saying “if a deal sounds too good to be true, it probably is”. If you receive charges in Tulsa County  on receiving stolen property, you’ll need to hire an experienced and knowledgeable Tulsa Oklahoma criminal defense attorney like the ones at our firm. Please give us a call today for a free, confidential consultation.

Tulsa County Child Support Attorneys

When it comes to divorce it’s that the children suffer the most. regardless how you look at it, there is usually aTulsa County Child Support social stigma about divorce. Also the children experience a sadness that continues for months after the divorce. Its is the intent of Oklahoma Child Support Laws to make sure that the children dont also suffer financially. This is done by setting certain child support guidelines.

Tulsa County Child  Support Guidelines:

Based on a parent’s income and the number of children in the family, Oklahoma has standard guidelines for child support. The guidelines determine each parents obligation in the event of a divorce or paternity case. The guidelines lay out a parent’s obligation to pay medical and dental expenses, as well as child care expenses. Child support usually deducts directly from the payee’s wages unless the custodial parent agrees otherwise. Alimony and public assistance payments are also a consideration. Child support must be paid until the child’s 18th birthday or the child’s graduation from high school, whichever comes later.

Oklahoma Child Support Guidelines also take in to account the amount of time each parent spends with the children. The parties to the agreement can ask the court not to follow the guidelines. In the event they can demonstrate that failing to follow the guidelines wont harm the children the court may allow them to deviate.

Free Consultation: Call Our Tulsa County Child Support Attorneys:

As experienced Tulsa County child support attorneys, we are here to answer all your questions. We take the time to  the Oklahoma child support guidelines in detail. We can explain to you how much you can expect to receive or pay based on your income and other factors and can counsel you as to how to protect your rights as a parent in all divorce-related issues. Give us a call today at 918-379-4864.

Oklahoma Criminal Convictions and Immigration

If you are not a U.S. citizen, you face disastrous consequences for criminal convictions and immigration status.  A criminal conviction may prolong the green card process. It may also foreclose your ability to become a legal resident or cause your removal from the country. Only an experienced immigration attorney can advise you on the potential consequences of criminal convictions and immigration.

Arrested While On a Visa:

When arrested for a crime, your arrest information enters the FBI’s criminal database. Law enforcement agencies around the world will have access to this information. This includes the Tulsa Police Department, Oklahoma Criminal Convictions and ImmigrationCourt Services, and the federal United States Department of Homeland Security (‘DHS’). If DHS learns of your arrest, they may attempt to find you and detain you. Usually Immigration and Customs Enforcement (‘ICE’), a division of DHS, investigates aliens accused of committing crimes in the United States.
If you are released on personal recognizance in your criminal case you’re not out of the woods.  ICE may come to your home and place of work to hunt you down. If the Tulsa County Jail holds you pending trial, ICE may seek to transfer you to a federal immigration detention facility.

Detained by ICE:

When you are held by ICE, your Oklahoma state criminal case is stayed pending your release from ICE. ICE will not transfer you to Oklahoma court so that you can appear for hearings, so the Oklahoma case will wait for you to be released before proceeding. ICE does not detain every immigrant upon arrest. Often times, ICE awaits the outcome of the criminal case. If the immigrant pleads guilty or receives a conviction, especially if the charges are for violent offenses, ICE begins the removal process.

Detained aliens do not receive the same protections as criminal defendants. Because the immigration removal process is a civil proceeding, it is not accompanied by the constitutional protections surrounding criminal prosecutions. You do have the right to an attorney, but the government will not appoint you with a free one if you cannot afford one. It will instead be your responsibility to find your own attorney, though DHS will provide you with a list of free or cheap immigration attorneys in the Oklahoma area. If English is not your native language, you will also have the right to an interpreter. If you wish to call the consulate for your country, you may do so. Finally, you have the right to examine the evidence against you, present your own evidence, and cross-examine any government witnesses.

Possible Deportation Without a Hearing:

Depending on your immigration status, you may or may not receive a hearing before an immigration judge. If you are not eligible for a hearing, an enforcement officer will review your case and make a decision on whether to have you deported. If you are eligible for a hearing, the immigration judge will read your charges. Your charge will be that you violated conditions of your visa by committing a crime. You must admit or deny the charge. If you are under arrest but receive no conviction, then the government must prove your commission of the crime.  Or if you’ve been convicted, the government can simply admit proof of your conviction, such as a jury verdict order from an Oklahoma state court.

If the judge thereafter finds you committed the charge, you may be eligible for removal. However, the judge will first decide whether you meet any of the potential avenues for protection from removal. Examples of some of the forms of protection include a long history of law-abiding residency and evidence of good moral character.

Free Consultation ; Call Our Criminal Convictions and Immigration Attorneys

If you receive charges of a crime, you need to seek the counsel of a Tulsa immigration attorney who understands the complications of criminal convictions and immigration removal efforts. In addition, a skilled immigration attorney can advise your criminal defense attorney on the possible consequences you face as a result of a conviction.

Oklahoma Workers Compensation Information

The Oklahoma Worker’s Compensation Commission makes determinations as to the extent of theOklahoma Workers Compensation Information injured worker’s disability. This determination impacts the amount of compensation the injured worker receives.
Worker’s Compensation in Oklahoma intends to streamline the process of compensating workers  receiving injuries on the job. There are a few basic types of workers compensation available. One is to pay for medical treatments you receive as a result of the work injury. The other pays you while you’re treating. This monthly income can be either temporary or permanent depending on the extent of your injuries.

If you’ve sustained a job-related injury or have contracted an occupational disease, your employer is required to pay “reasonable and necessary” medical. This treatment continues until the Doctor releases you. In certain circumstances you may also receive reimbursement for traveling to and from your doctors office.

Workmans Comp Temporary Total Disability:

Temporary total disability benefits are paid weekly to the injured Oklahoma worker. The benefits are paid for a pre-determined period of time or until the injured worker reaches maximum medical improvement. The amount of the payments considers your income at the time of the work injury. For you to receive compensation the work accident must be a significant cause of the injury.  The work injury must prevent you from returning to work either full or light duty. In some instances your employers insurance carrier will deny your disability payments. When this happens our Tulsa County work injury lawyers will take it to trial.  At trial evidence we present supports your need for temporary disability. Once the trial is complete the Oklahoma work injury judge renders a decision within twenty days. work. For more Oklahoma workers compensation information call us today.

Temporary Partial Disability:

The Worker’s Compensation Court will pay temporary partial disability. This occurs in those cases that your Doctor places you on work restrictions. Once this happens your employer must accommodate the work restriction. This includes providing work that doesn’t force you to lift or stand depending on the restriction. If your employer provides light duty you must accept it. In a case that your employer doesn’t have light duty available they will send you home. If this is the case they will have to pay you temporary disability payments..

Work Injuries and Permanent Disability:

There are times when your work injury causes you permanent disabilities. This type disability may be partial or a total permanent disability. In those instances the insurance company must provide you with vocational rehabilitation. If the disability is total they possibly must pay you until you reach age of retirement. To prove either disability both your work injury attorney and the insurance company will hire doctors. The doctors issue a disability report to the court. Depending on the injury and the outcome of the trial you’ll receive a payment. Your income at the time of injury also impact the amount of the award.

Free Consultation; Oklahoma Workers Compensation Information:

If you’ve been injured on the job and need more Oklahoma workers compensation information call our law office today. We can help you get the medical treatment, and disability payments. Dont wait until its to late call today. Call  918-379-4864 for a free consultation.

Oklahoma Bankruptcy Attorney Explains Bankruptcy

Nobody really considers that financial problems can occur by taking on too much debt. This is especially true at the time they’re enjoying the pleasures of making new purchases. With a

Oklahoma Bankruptcy Attorney

Oklahoma Bankruptcy Attorneys

good credit score, taking on new debt is incredibly easy. A new home, college loans, a new car, can all be obtained by slapping down a credit card. The list of goods we can purchase is endless and so is the financial hardship it causes. When it comes to getting into debt, how do we know our personal limits? How do we know if our spending has gone too far? What are the signs that tell us we should consider talking to an Oklahoma bankruptcy attorney.

Bankruptcy Information:

The first sign that you’ve taken on too much debt is if you can’t pay it all off in 3 years. Add up all your debts and divide it by 36. That should be your self-imposed monthly debt limit, not the minimum monthly payments calculated by your loan companies. If you cannot pay this amount you need to talk to an Oklahoma bankruptcy attorney. You attorney can help you eliminate to restructure your loans. This will help to get you on a financially responsible monthly payment schedule. Attacking the problem at this stage can make the whole process easier. It will also help you to keep more assets  that might other wise have to be surrendered in an Oklahoma bankruptcy.

 I Cant Pay My Bills Should I File Bankruptcy:

If you’re unable to pay off your debts in three years, ask yourself  “am I paying only the minimum payments?’ If this is the case, chances are your debt is increasing every month without you having bought anything new. Most people believe that the minimum payment will actually pay the debt off.

In reality the minimum payment isn’t even enough to cover the interest you owe on the balance of your debt. This will cause your debt to grow, not reducing it as you hoped. As a matter of fact, if you pay only the minimum, your debt could grow exponentially and potentially double every 7-10 years. Of course how fast it grows depends on the interest rate your paying. It’s not uncommon for some credit card interest rates to be as high as 18% and at that rate, your balance will double every 4 years if left to compound.

Other Indicators Its Time To File Bankruptcy:

Another good indicator that you should talk with a bankruptcy attorney is if you can’t even pay the minimum monthly payment. This is the final test of your ability to service your monthly debt payments. Since the recommended minimum payment is not enough to cover the interest on your debt, simply paying this low amount keeps you afloat but adds to your debt every month. Paying only the monthly minimum makes the monthly minimum increase every month without new purchases and eventually you will have to file for bankruptcy.

It’s better to file sooner than later before you have suffered under the weight and stress of ever-increasing monthly payments. lf you can’t meet the minimum monthly payment and you are getting those evening phone calls from bill collectors, maybe you should consider talking to an Oklahoma bankruptcy attorney because not being able to pay the minimum amounts on your debts will guarantee a bankruptcy is in your near future.

 Contact An Oklahoma Bankruptcy Attorney:

If you have any questions or concerns regarding filing bankruptcy in Oklahoma we can help. Our Tulsa county lawyers have helped people file chapter 7 and chapter 13 bankruptcy cases. Call today for free bankruptcy information.

Tulsa Slip and Fall Injury Lawyers

Tulsa Slip and Fall Injury Lawyers

Tulsa Slip and Fall Injury Lawyers

Slip and fall accidents occur across the U.S., happening with more frequency in the winter months.  Ice and snow lead to a number of Oklahoma accidents each winter.  These accidents result in serious injuries, including traumatic brain injury, head injury, broken bones, spinal cord injury, and much more. For a free consultation with our Tulsa slip and fall injury lawyers call today.

After involvement in a slip and fall, many accident victims wonder what their legal options are.  The key issue involved in any slip and fall accident claim is liability.  Whether you are pursuing an insurance settlement or a personal injury action, you will need to prove that the property owner or lessor is liable for your injuries stemming from the slip and fall.

Further, any analysis of liability will involve first assessing who the potentially liable parties are. This will usually include the property owner, but may also include the person or company leasing the property or multiple property owners.  The next consideration is the negligence of the parties.  A proper analysis will also predict the potential defenses against your claim and whether you, the injured party, contributed to the accident in any way.

Liability in Slip and Fall Cases:

Typically, in order to succeed with your slip and fall injury action, you must prove one of the following:

  • The property owner, or an employee, should have recognized a dangerous condition, such as spilled liquid on the floor or a pothole, and repaired or removed the hazard.  The property owner or employee did not take corrective action.  The court will also consider whether a reasonable person would have identified the condition as a hazard and whether the property owner had ample opportunity to remedy the condition prior to the accident.
  • The property owner, or employee, caused a dangerous condition that lead to the slip and fall.  This may include, for instance, spilling water or leaving an obstacle in the way.  It also must be reasonably foreseeable that a slip and fall could result from the condition created.

Proving Negligence:

Reasonableness is an important term in any slip and fall case.  As a result, a court will consider whether the property owner acted as a reasonably prudent person would have under similar circumstances.  In measuring reasonableness, the court will consider:

  • How long did the condition exist?  Did the property owner have time to remedy the condition?
  • Did the property owner regularly check the property for hazards?  Was a log kept documenting findings?
  • Was the property well light?  Did poor visibility play a role in the accident?
  • Was there some sort of valid justification for the hazard?
  • Could the condition have been made less hazardous through preventative measures, such as the use of warning signs?

Winning a slip and fall case is never easy, but with the assistance of an experienced personal injury attorney you can mount a strong case to obtain the compensation you deserve.

Get A Free Consultation With Tulsa Slip and Fall Injury Lawyers:

Slip and fall accidents occur across the U.S. in a variety of locations, from grocery stores and restaurants to malls, parking lots, and workplaces.  Slip and fall accidents can result in serious injuries and even death.  The financial toll of these accidents is often catastrophic, including mountains of medical bills, lost wages, pain and suffering, and more.  If you have been injured in a slip and fall, the Tulsa slip and fall injury lawyers at Tulsa County Lawyers Group can help.  We aggressively seek the following damages for our injured clients:  medical bills, lost wages, pain and suffering, and more.  Call the personal injury attorneys at Tulsa County Lawyers Group today at 918-379-4864 to schedule your free consultation.