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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.

Tags: Criminal Defense  

Drug Charges Archives

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.

Tags: drug  

Internet Crimes Archives

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.

Tags: Internet  

Facebook updated Community Standards

Facebook is one of the most popular social media platforms. Users can exchange thoughts and ideas through words, photos and video. At times, however, status updates can offend other users. In an attempt to improve the user's experience, Facebook has updated its Community Standards.

Tags: facebook  

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.

Tags: Criminal Defense  

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.

Tags: defense  Oklahoma  

No charges for convenience store clerk

Stand Your Ground laws in various states have drawn a lot of criticism in the last few years. Oklahoma is one of the 24 states that have a Stand Your Ground law on its books. These laws allow an individual to use deadly force when he or she is in reasonable fear of great bodily harm or death. This law is in the news again after a robbery attempt at a Tulsa convenience store.

The importance of quality criminal defense

Sometimes bad things happen to good people. This isn't just a saying, it's the mantra of the attorneys of M.K. Bailey Law Offices. The majority of our clients have never been in trouble before. Now these law abiding citizens are caught in the middle of a difficult situation. Making the right legal decisions may make the difference between freedom and incarceration.

Tags: Criminal Defense  defense  

Criminal charges: Naked man attacks woman at apartment complex

Police in Oklahoma City report that they have arrested a man after he attacked a woman while he was naked in an apartment complex. The 32-year-old man was taken into custody late Saturday evening. Police reported to the scene after they received a report that a naked man had broken into the apartment complex and was fighting with residents of the community.

Eating a BAC print out is not a good idea

Let's say you are driving late one night after you enjoyed a drink or two at your local establishment. Getting behind the wheel of the car probably wasn't the best decision in your life, but you do it anyway. A police officer pulls you over during your drive and soon the officer accuses you of drinking and driving. You are arrested for the offense, and they take you in to a police station for further testing.

Tags: Criminal Defense  

Interrogating teens is practically formulaic, and that's bad

What if -- and stay with us on this one -- you were an alien from another planet. For whatever reason, you're here on Earth and you look like a human. So as you wander aimlessly across this new world, you trespass on someone's property and you're arrested. The police take you in and start interrogating you, but of course you have no idea what's going on. You don't know you have rights. You don't even know what crime you've committed.

Tags: Criminal Defense  

A criminal charge can ruin your life -- but it doesn't have to

It is one of the pillars of the criminal justice system: a person who is accused of a crime is innocent until proven guilty. However, as everyone is well aware, that isn't necessarily how every criminal case is perceived. In this era of instant news and constant connection, everyone has an opinion, and thoughts become shared so quickly. If someone is accused of committing a crime, there is a good chance that the public at large will label that person guilty, even though he or she is innocent until the prosecution proves its case.

Tags: Criminal Defense  

What will enhance drug penalties in Oklahoma?

The state of Oklahoma takes drug charges seriously. There are a list of penalties for the illegal use and distribution for every schedule of drugs, according to the severity of the offense. In addition to these penalties, there are aggravating circumstances that can increase the standard penalties.

Tags: Drug Charges  

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.

Tags: Drug Charges  

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.

Tags: Drug Charges  

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.

Oklahoma couple facing drug charges after child abuse complaint

Drug possession is a serious charge in the state of Oklahoma. In many cases, the laws are strict liability. Which means anyone found with substances like marijuana will be held liable regardless of a valid prescription from another state where the substance is legal.

Which Rx drugs have been added to Oklahoma's drug trafficking laws?

The unfortunate reality is that prescription drug abuse has become a major problem across the nation, including right here in Oklahoma, as more and more people are seeking treatment, dying of overdoses or being arrested on drug-related charges.

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.

Facebook updated Community Standards

Facebook is one of the most popular social media platforms. Users can exchange thoughts and ideas through words, photos and video. At times, however, status updates can offend other users. In an attempt to improve the user's experience, Facebook has updated its Community Standards.

Tags: cyber bullying  

Revenge website operator now seeks privacy protection

In an age of social media, it can be difficult to maintain a sense of privacy. In the case of a romance that has gone sour, social media serves as fertile ground to mount revenge. One website made it convenient for jilted lovers to embarrass their old flames. The website has since been shut down but there are additional issues that linger for the owner of the site.

How to avoid identity theft

Identity theft has been around for decades. However, with the advent of sophisticated technology the scams aimed at stealing identity have become more prevalent and the damage to an individual's life even more devastating. The FBI has long been engaged in finding those who steal the identity of others. The bureau has some advice for consumers who seek to protect themselves from this type of crime.

Tags: email  identity theft  

Federal cyber stalking case dismissed

Twitter posts are protected as free speech in some instances, according to one federal judge. After being indicted for cyber stalking, the defendant is now seeking release because the case against him has been dismissed.

Sony hacking shows dark side of Internet crime

Oklahoma residents may have heard or read about the recent hacking of emails and other documents from Sony Corp. As of this writing, the identity of the hacker or hackers has not yet been determined. Some have speculated that North Korean agents, angered by the upcoming release of a film that portrays their leader in a bad light, may be behind the hacking. Others suspect a domestic hacker. Gossip websites and others have had a field day with hacked embarrassing emails between Sony movie executives in which they insult each other, movie star Angelina Jolie and even President Obama.

'Internet crime' carries a very heavy connotation

The amazing technological strides we have made in the last two decades has changed the world forever. We can connect with anyone whenever we want; most, if not all, of human knowledge is just a few keystrokes away; and our ability to create and manage tremendous things online really is an incredible accomplishment when you think about it.

Tags: Internet Crimes  

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.

Tags: allegations  Sex crimes  

Sex crime punishment and Fourth Amendment rights

A United States Supreme Court ruling may have opened the door for a unique constitutional challenge. At issue is the lifetime tracking of a repeat sex offender. The question that is being explored is whether or not this constitutes a search. The Fourth Amendment provides a protection against unreasonable search and seizures. If the lifetime tracking is considered a search that falls within the parameters of the Fourth Amendment, a defendant must prove that the search is unreasonable.

Tags: Sex crimes  

Statutory rape in the state of Oklahoma

All crimes that involve sex are cause for concern in the state of Oklahoma. When these crimes involve children, there is a heightened sense of concern due to the age of the child and their inability to give legal consent on matters of a sexual nature. The law outlines the age of consent for certain sexual acts while also stating the penalty for the crime.

Tags: Oklahoma  prison  Sex crimes  

Possession of child pornography in the state of Oklahoma

It is universally accepted that children should be protected. Children are one of the most vulnerable segments of our society. Those who choose to prey on them deserve to be punished to the fullest extent of the law. However, it is important that the prosecution of the accused follows the letter of the law rather than a biased, overzealous prosecution that neither seeks nor searches for the truth.

Understanding sex offender registry requirements

Sex crimes are unquestionably serious accusations and charges. The penalties following a conviction for sex crimes can be extensive and long lasting. One significant consequence of a sex offense conviction can include the requirement that the accused individual register as a sex offender with the sex offender registry. Even individuals registered as sex offenders in other states are required by Oklahoma law to register as sex offenders in Oklahoma.

No sexual assault charge for high profile attorney

Anytime there is an allegation of rape, authorities must take it seriously. The social stigma connected to both the accuser and the accused can ruin a good reputation. If the accused is convicted, the consequences can be devastating. The stakes become even higher when one or both of the parties are public figures.

Oklahoma officer who allegedly assaulted 13 women to go to trial

A hearing in Oklahoma took two days to decide the immediate fate of a police officer, and it just concluded. The result is that the police officer is going to have to go to trial. He has been accused of sexual assault in a number of cases, involving a grand total of 13 different women.

Tags: Sex crimes  

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.

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.

Tags: Oklahoma  

Shooting suspect turns himself in to police

In the Christian religion, Easter is a major holiday that is often marked by attendance at a house of worship followed by gatherings of family and friends. This tradition does not include the harming of those loved ones. However, one family is facing just that after three members were shot during an Easter evening attack.

Does Oklahoma have domestic violence law for assault and battery?

This law firm represents those who have been charged with violent crimes. Everyone is entitled to a proper defense. This blog focuses on Oklahoma assault and battery statutes that are applied in cases of domestic violence. Special care should be taken with domestic violence cases due to the sensitive nature of the subject matter.

Tags: Oklahoma  violent crimes  

Former Oklahoma athlete charged with assault

Oklahoma sports fans may recognize the names of the athletes highlighted in this blog. Ty Hensley, former Gatorade Oklahoma Baseball Player of the Year, was the assaulted in an early morning scuffle at a home in The Village on December 28, 2014. The alleged aggressor is also a well-known Oklahoma athlete, Anthony David Morales who was a part of The Oklahomans Big All-City Team in 2008.

What is armed robbery and how is it punished?

All criminal accusations are serious. However, some offenses are treated more aggressively than others, subjecting individuals to potentially harsh penalties. Amongst these are violent crimes. Murder, assault, battery, and robbery are all diligently prosecuted, often to send a message to the community that such offenses will not be tolerated. Therefore, those accused of a violent crime may be fighting for their freedom, reputation and, in some instances, their lives.

Police searching for Oklahoma robbery suspects

In the state of Oklahoma, robbery is defined in two degree, first and second. Robbery in the first degree occurs when, in the process of committing a theft, any of these elements occur: serious injury upon a victim; a threat of immediate serious injury; fear of immediate personal injury toward a victim; a felony is committed or a threat of a felony upon a person is made.

Tags: robbery  

NBA player receives harsh punishment due to domestic assault case

You may not have heard of Jeffrey Taylor, a Swedish national who was picked in the second round of the 2012 NBA draft. Taylor's NBA career never really took off, and it will likely take much longer for it to get off the ground now that he has pleaded guilty to a misdemeanor domestic violence charge. Taylor was inebriated in September of this year, and pushed a woman down in a hotel lobby. The woman suffered bruises and other injuries, but she refused medical treatment.

Tags: violent crimes  

M.K. Bailey Law Offices
1001 NW 63rd Street Ste. 280
Oklahoma City, OK, 73116
Phone: 405-607-1177
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