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Oklahoma City Criminal Law Blog

What to expect when facing marijuana charges in Oklahoma

There are a variety of drug offenses that can be charged in the state of Oklahoma. Conviction of the possession or distribution of marijuana carries penalties that depend on the amount of drugs that are found at the time of arrest. The punishment can also be dependent on whether it is a first offense or second offense.

If there is a first offense for possession, it is not classified as a felony. Instead, there is a one year incarceration and zero monetary fine. After the first offense, possession may be classified as a felony. A two to 10 year period of imprisonment may be levied against a defendant who is found guilty. As with first time offenders, there is no monetary fine associated with the offense.

What is assault and battery with a dangerous weapon?

There are criminal law terms that are frequently mentioned in casual conversion. Terms like assault and battery are often used when there has been an attack or physical altercation in the news. However, if asked the actual definition of these terms, a clear answer may not be given. This post aims to clarify these terms and define the punishment in Oklahoma law.

A basic battery is defined as any willful and unlawful use of force or violence on another person. It is defined in Oklahoma statute 21-642. Battery is often accompanied by an assault. Assault is defined as the intent to do bodily harm without justifiable or excusable cause.

Oklahoma City man faces numerous drug charges

Drug charges, and their potential penalties and consequences, are unquestionably serious. A 63-year old man was recently arrested in Oklahoma City and is facing numerous drug charges. He has been charged with possession of a controlled dangerous substance; possession of a controlled dangerous substance with intent to distribute; possession of marijuana; and possession of drug paraphernalia. The man also allegedly became violent and is facing several criminal charges related to those accusations as well. The man was at the hospital when the alleged incident took place. A nurse allegedly discovered a glass pipe in the man's room and authorities were called.

According to authorities, they discovered several bags possibly containing crystal methamphetamine, prescription drugs and marijuana, as well as a digital scale. The police report notes that the man had several visitors that did not identify as family and stayed for short periods of time. Authorities suspected the man was distributing narcotics to the visitors while in the hospital.

What are the crime classifications in Oklahoma?

How are crimes in Oklahoma classified? There are two types of classification: felonies and misdemeanors. A felony is punishable by serving a year or more in prison and payment of a fine. If convicted of certain felonies, a defendant may also face the death penalty. In contrast, a misdemeanor is punishable by serving less than a year in jail and payment of a fine. The fine is generally less than $500. A defendant facing a misdemeanor is not subject to the death penalty.

There are a variety of crimes that can be classified as a misdemeanor in the state of Oklahoma. Misdemeanors are grouped in major categories. A major category is the one that includes drug and alcohol-related offenses in the state. Several crimes against children like child abuse and enabling child neglect are also classified as misdemeanors. Anyone who tries to evade or obstruct an officer may be charged with a misdemeanor.

Tulsa man accused of shooting with intent to kill

Oklahoma highways can be dangerous places. Drivers must be vigilant about obeying the rules of the road and watching for fellow drivers. Drivers on one Oklahoma highway allegedly had an additional threat while on the road. A Tulsa man has been charged with shooting at a vehicle on the Gilcrease Expressway.

It is alleged that the 39-year-old defendant shot at a vehicle on the expressway and another Tulsa neighborhood. On May 17 he was arrested on a charge of shooting with intent to kill. The alleged victim had his rear window shattered from the bullet. The police report states that the victim was traveling westbound near the Tisdale exit at the time of the shooting.

What is "justifiable homicide" in the eyes of Oklahoma law?

When a news story details an investigation into a shooting or similar altercation that leaves a person deceased, many of us start to ask questions. How did the person die? What was the motivation? Will the shooter be charged? Of course, such cases are rarely cut and dry. In fact, the State of Oklahoma has a rule that deems some such situations ok if certain circumstances were present at the time of the event.

Specifically, subsection 21-733 of the Oklahoma Statutes addresses "justifiable homicide." Under the law, the killing of another person is justifiable under three situations. In one situation, if the homicide happens while a person is lawfully attempting to arrest the deceased based on a felony that person committed, attempting to keep or preserve the peace, or in an attempt to deal with a riot, it is justifiable.

Defenses to drug manufacturing charges in Oklahoma

Manufacturing or cultivating illegal drugs is a serious crime under both federal and Oklahoma law. Unlike simple possession cases, prosecutors typically charge these crimes as felonies. A conviction can result in a lengthy sentence in state or federal prison. Fortunately, there are ways to defend against these charges.

When police conduct a raid on a suspected drug manufacturing lab, they often arrest everyone they find on the premises. If a defendant can show he or she was there for another purpose and had no knowledge of the manufacturing operation, they should be able to get the charges dismissed.

Enid man faces charges from sexting

Cell phones have allowed us to keep in touch with loved ones instantly. Beyond making phone calls, smart phones allow individuals to share music and pictures between friends and family. Unfortunately, strangers may also be able to gain access to other citizens. When a stranger sends sexually offensive material, it can be disturbing to the person who received the message.

An Enid man was recently arrested for allegedly sending explicit pictures to a stranger. It is believed that the stranger's phone number was obtained from a public records source. The allegations stem from texted images of genitalia that were sent to the unsuspecting stranger. The Enid man is being held at the Garfield County jail on two counts of distributing obscene material. His bail is currently set at $30,000.

Oklahoma investigates internet crimes against children

Crimes against children are of particular concern for those in society. The popular view is that children should be protected from those who seek to do them harm. One way to protect children is to monitor internet use. The internet is sometimes used to lure children into dangerous situations.

To protect children from internet crimes Oklahoma has created a special division of law enforcement to look out for their interests. The Oklahoma State Bureau of Investigation has a unit that investigates Internet Crimes Against Children. The agents in this unit are specially trained to investigate the exploitation of children by the use of technology. When necessary, they conduct undercover operations and respond to any ICAC complaints.

Defending our Oklahoma clients from criminal charges

Oklahomans who are accused of a crime face a difficult road. Government prosecutors have enormous resources at their disposal and are often under pressure to win a conviction and the harshest possible sentence. At the same time, those who are accused of crimes in high-profile cases may feel that they have been tried in a court of public opinion before they have ever had their day in court. All this is true whether the alleged crime is something violent, like assault, or something nonviolent, such as fraud.

Most Americans are familiar with the idea that, under our criminal justice system, every defendant must be presumed innocent until proven guilty. This isn't just a figure of speech; it means that the prosecution has to prove its case. If it wants the jury to decide that a defendant is guilty, the prosecution needs to lay out convincing evidence. Building a defense is largely a matter of showing that the prosecution's evidence is not enough to support a conviction. The defense should also, when possible, provide evidence that appears to contradict the prosecution's theory of the case.

M.K. Bailey Law Offices
1001 NW 63rd Street, Suite 280
Oklahoma City, Oklahoma 73116
Phone: 405-486-9789
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