Tag Archives: Tulsa county criminal lawyers

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.

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.

Criminal Defense Lawyers

Criminal DefenseOur Criminal Defense attorneys represent individuals charged with crimes in Oklahoma. Those crimes include both misdemeanor and felony charges. Whether its a first offense or part of a long list of crimes we can help. Our Tulsa County criminal lawyers handle DUI alcohol or DUI drug cases as well as assault battery or any other crimes. If you or a loved is charged with a crime, contact our office today and speak with one of our criminal defense attorneys.  We work tirelessly towards getting you past your situation and on to a life without the prospect of a jail term.

Misdemeanor and Felony Charges:

Depending on the nature of your case, you may recieve misdemeanor or felony criminal charges.

Misdemeanor charges are a less serious offense. The range of sentencing is less than that of a felony. Conviction of a misdemeanor carries a prison sentence of less than one year in jail. Misdemeanor offense also carry certain fines and costs. The fines and costs depend on which crime you supposedly committed. A misdemeanor conviction leads to a mark on your criminal record. Depending on the crime, it remains on your record unless its expunged.

Felony charges are much more serious then misdemeanors. The range of sentencing is from one year to life in prison. Like a misdemeanor, you’ll also face certain fines and costs. Like the jail term, the amount of fines depend on the crime. A felony conviction will also be on your criminal record. Its much more difficult to expunge then a misdemeanor conviction. Depending on what type of conviction you face it may take up to ten years before it is available for expungement.

Driving Under the Influence of Alcohol:

Our criminal defense attorneys aggressively defend individuals charged with driving under the influence of alcohol and/or drugs. A DUI is either as a misdemeanor or a felony. This depends mainly if its a first or second offense. We provide legal representation to the following drunk driving related criminal offenses:

DUI Under the Influence of Alcohol

Driving While Impaired

APC Actual Physical Control of a Motor Vehicle While Intoxicated

Drug Possession and Distribution:

There are several elements that the prosecution must prove in order for someone to be convicted of drug possession and or distribution charge. Our attorneys can gather evidence to assert a defense on your behalf to have the charges against you, or your loved one, reduced or dismissed.

Depending on the evidence we’ll either take the case to trial or negotiate a plea bargain. In both situations we have what it takes to see your case through to the end. If your case involves a plea bargain we have the experience dealing with the prosecutors you need on your side. We’ve represented clients in cases that have ended in not guilty at trial on to dismissals of all charges.  Contact us for more information and to get a free consultation.

Theft Crimes in Oklahoma:

There are varying degrees of theft crimes that prosecutors can charge you with. If you or a loved one has been charged with burglary, robbery, petty larceny, grand larceny, or the possession of stolen property, you should contact our criminal defense attorneys for a case evaluation. We are here to help you prepare a thorough legal defense to help get the charges against your dismissed.

White Collar Crimes in Oklahoma:

White collar crimes refer to non-violent criminal offenses committed by business professionals. Embezzlement, theft, and fraud are common examples of some of the white collar crimes that occur in Oklahoma.  Our attorneys defend individuals charged with the following types of white collar crimes:

  • Bank Fraud
  • Bribery
  • Computer Fraud
  • Credit Card Fraud
  • Embezzlement
  • Extortion
  • Forgery
  • Insider Trading
  • Kickbacks
  • Larceny/Theft
  • Money Laundering
  • Racketeering
  • Securities Fraud
  • Tax Evasion
  • Ponzi Schemes

Assault and Battery In Oklahoma:

In Oklahoma, assault and battery may be two separate crimes or together. Additionally, the crime of assault and battery can be aggravated if the attack results in great bodily injury to the victim. The crime also enhances if against an elderly, disabled, or incapacitated person. A court in Oklahoma can impose a wide range of sentencing, penalties, and fines for any type of assault and battery conviction.

Firearms and Gun Related Crimes in Oklahoma:

In Oklahoma, a person convicted of a felony or misdemeanor firearm charge may be subject to a varying degree of sentencing and penalties. The charge depends on the type of crime committed while in possession of the weapon. It also may be impacted by the location in which the crime was committed:

Regardless of the crime(s) you or a loved one has been charged with, contact our attorneys for legal advice. We have successfully defended Tulsa residents charged with crimes by asserting the following types of defenses (but not limited to) when applicable: 

  • Actual innocence
  • Self defense
  • Lack of reasonable suspicion
  • Lack of probable cause
  • Mistake of law
  • Mistake of identity
  • Necessity
  • Impossibility defense
  • Duress
  • Insanity defense

Get a Free Consultation with a Tulsa County  lawyer:

If you’ve been charged with a crime in Oklahoma get the legal advantage you need. When the State of Oklahoma threatens you with jail we will meet that challenge. The State will also employ some oppressive means to convict you. With this in mind our attorneys are here to help you fight back. Call today for a free consultation with a criminal defense attorney.