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    • Tulsa Criminal Defense Law Firm

    Oklahoma Defense Blog

    • Audrey Howitt

    Audrey Howitt

    manufacturing a controlled substanceIn late 2018, Oklahoma passed new laws making simple possession of controlled dangerous substances (illegal drugs) a misdemeanor. However, other drug crimes such as manufacturing a controlled substance remain felonies in the state. Here is what you need to know about manufacturing drugs in Oklahoma.

    What Constitutes Manufacture of a Controlled Substance In Tulsa?

    In Oklahoma, any person who offers, solicits, attempts, endeavors, or conspires to manufacture illegal drugs can be convicted of a felony. Okla. Stat. tit. 63 § 2-408

    Under this statute, even attempting to manufacture a controlled substance is a felony offense.

    To “manufacture” a controlled substance means:

    • to take any part in the production, preparation, processing, and propagation of a controlled dangerous substance; either
    • directly or indirectly by extraction from substances of natural or synthetic origin; or
    • independently by means of chemical synthesis; or
    • by a combination of extraction and chemical synthesis.

    This includes the typical meth lab, but it also includes growing marijuana.

    A “manufacturer” is anyone who packages, repackages, or labels any container of any controlled dangerous substance. And “controlled dangerous substance” is any drug categorized in Schedules I through V of the Uniform Controlled Dangerous Substances Act of Oklahoma. Okla. Stat. tit. 63 § 2-101

    Mere possession of certain substances known to be used in the manufacture of illicit drugs can be used as evidence of an intent to manufacture, and chargeable under this statute. You don’t actually have to manufacture the drug to be found guilty of this crime. Okla. Stat. tit. 63 § 2-401

    Penalties for Manufacturing a Controlled Substance

    Depending on the substance involved, you could face life in prison in addition to substantial fines. Under the law, the minimum amount of jail time for a first conviction is seven years to life and a hefty fine.

    Prison time can increase with subsequent convictions.

    If you are caught manufacturing substantial quantities of a controlled substance, you could spend event more time in prison if you are convicted of aggravated manufacturing.

    If you have questions regarding this area of law, bring your questions to an experienced Tulsa criminal defense attorney. This is not a matter that you should try to handle on your own. Your attorney can best advise you regarding the law, the facts of your case, and defenses that may be available to you.

    Initial Consultation: Tulsa Criminal Defense Attorney

    When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa criminal defense attorney to discuss your available legal options.

    Contact the Tulsa Criminal Defense Law Firm by calling 918-756-9600 or toll free at 1-888-447-7262.

    If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

    Audrey Howitt

    pardonA Governor’s Pardon Can Really Help

    There are times when the Oklahoma governor’s pardon is a prerequisite to getting an expungement.

    However, pardons are not a sealing of your court records. Pardons recognize that the crime was committed, but the crime is forgiven by the state governor.

    In addition to helping you obtain a later expungement, a pardon can help you own, work with, or obtain firearms if your underlying conviction was not violent. It allows you to vote again, and it may help you obtain or renew professional licenses.

    A pardon on your record shows that the governor is welcoming you back to full citizenship in society.

    A Lengthy and Complicated Process

    A pardon requires the completion of a lengthy application. Also, it is difficult to qualify for a governor’s pardon in Tulsa.

    In order to qualify, you must have completed all aspects of the court’s sentence. Also, the underlying conviction must have been a violation of Oklahoma state law.

    In addition, there must not be any pending charges against you. You may not currently be in jail or prison. Finally, you must not have applied for a pardon within the past year.

    The application is long and very detailed. You must attach certified copies of all required court documents and proof that you have a job, are earning an income, and have a stable living situation.

    Here are the required documents:

    • A certified copy of the judgment and sentence for each conviction you are seeking to have pardoned. Each must have an original county seal or stamp.
    • A certified court clerk’s statement that all fines, fees, costs, restitution, and probation fees have been paid.
    • A current credit report.
    • Proof of current income or employment.
    • Proof of residence.

    You may also submit declarations regarding your character. These are not required, but can add greatly to your application.

    Potential Issues

    Problems occur when there are mistakes in the substance of the application or when a required document is not submitted. In that case, the application is rejected and you must wait another year before applying again.

    Because these applications are so technical, it is always advisable to have an attorney handle them on your behalf.

    Once the application is completed and filed with the Pardon Board, an investigation, which can take almost a year, begins. All the information submitted in your application must be verified.

    Once verified, the pardon is set for hearing. Time for testimony is severely limited. Therefore, it is always best to have an attorney address the matter at the hearing.

    It is only then that the matter is turned over to the governor’s office for a decision. The governor may take as long as three months to reach a decision on your case.

    Once granted, a pardon certificate is filed with the Oklahoma Secretary of State’s office. A notice is sent to you or to your attorney.

    Initial Consultation: Tulsa Pardon Attorney

    Regain your peace of mind. An experienced Tulsa pardon attorney can help you move on with your life.

    Contact the Tulsa Criminal Defense Law Firm by calling 918-756-9600 or toll free at 1-888-447-7262.

    If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

    Audrey Howitt

    drug tax stampA number of states, Oklahoma included, have found a way to make revenue through taxing illegal drugs or creating a drug tax stamp.

    Oklahoma levies a tax on all controlled substances.

    In essence, if you have an illegal substance, you must pay a tax and affix a drug stamp onto the substance to show that you have paid the tax. This is a drug tax stamp. Okla. Stat. tit. 68 § 450.2

    In Oklahoma, a controlled dangerous substance is a drug or substance classified as such under the Uniform Controlled Dangerous Substances Act of Oklahoma. Okla. Stat. tit. 68 § 450.1

    Under the drug tax stamp law, a “dealer” must purchase and apply the stamp to the drugs when the dealer purchases, obtains, or transports a controlled dangerous substance. The stamp is put on immediately after receipt of the substance. And each stamp may only be used once. Okla. Stat. tit. 68 § 450.3

    “Dealer” and Drug Tax Stamp Laws

    Mere possession of certain amount of an illegal drug alone may be all that is required to be categorized as a “dealer” under this law.

    So, how much is enough?

    • Forty-two and a half grams of marijuana or more,
    • Seven or more grams of any illegal drug other than marijuana, or
    • Ten or more dosage units of any other illegal drug other than marijuana.

    Penalties for No Drug Tax Stamp

    In addition to paying the tax itself, you must pay 100% of the tax as a civil penalty.

    The offense also has criminal penalties.

    If you are in possession of the above minimums and have failed to pay for the required drug tax stamp, you could face felony charges.

    In addition to civil penalties, you may face imprisonment for up to five years, pay a fine of up to $10,000, or both. Okla. Stat. tit. 68 § 450.8

    Civil Penalty Amounts

    The civil penalty amounts are 100% of the tax amount. The tax amounts vary depending on the substance.

    • One gram of marijuana: $3.50.
    • One gram of a controlled dangerous substance other than marijuana: $200.
    • Fifty dosage units of another controlled dangerous substance: $1,000.

    Most people who are in possession of an illegal drug do not pay this tax. Thus, they are often charged with a crime when caught.

    Defenses Available to You

    The amount of the drugs involved must meet the thresholds listed. If they do not and the police have failed to properly weigh or account for the amounts, you may be able to obtain a dismissal.

    This and other possible defenses should be discussed with an experienced Tulsa criminal defense attorney. Don’t delay, call today.

    Initial Consultation: Tulsa Criminal Defense Attorney

    When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney.

    Call for a low-cost initial strategy session with an experienced Tulsa criminal defense attorney to discuss your available legal options.

    Contact the Tulsa Criminal Defense Law Firm by calling 918-756-9600 or toll free at 1-888-447-7262.

    If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

    Audrey Howitt

    larceny from a houseIn order to understand how larceny from a house is treated in Tulsa, Oklahoma, you need to understand the crime of basic larceny. The two crimes are related.

    What is Larceny in Tulsa?

    In Tulsa, larceny is defined as the taking of another’s personal property through fraud or stealth with the intent to deprive. The theft occurs through either fraud or stealth. Okla. Stat. tit. 21 § 1701

    The taking must be with the intent to deprive. Borrowing an item with the intent to return it does not constitute the intent to deprive.

    What is Larceny from a House?

    Larceny from a house is defined as entering and stealing money or other property from a house, a railroad car, a tent, a booth, or other temporary building. Okla. Stat. tit. 21 § 1723

    The crime is treated as a felony and is punishable by up to five years in prison. Okla. Stat. tit. 21 § 1724

    If you are being charged with larceny from a house, you could also be charged with grand larceny. Grand larceny involves the theft of property valued at $1,000 or more — or when a person takes property from the person of another, regardless of the item’s value. Okla. Stat. tit. 21 § 1704

    All other larceny is petit larceny.

    Grand larceny is punishable by up to eight years in prison.

    Defenses to Larceny from a House

    Defenses to this crime are grounded in refuting elements of the crime. Here are the elements that the prosecution must prove for a conviction. If any element is not proven, there is no conviction.

    • unlawful entry;
    • taking or carrying away
    • the personal property
    • of another
    • from a house, railroad car, tent, booth, or temporary building
    • by fraud or stealth
    • with the intent to deprive permanently.

    OUJI-CR 5-97

    Any facts that disprove an element above are important.

    Additional Considerations

    Defenses are particular to each case and should be explored with an experienced Tulsa criminal defense attorney. But the following are examples of some of the defenses that may be available to you depending on the circumstances.

    Entry Was Lawful: If you have permission to enter, there is no unlawful entry. So, permission is always important. Likewise, if you make a mistake and enter the wrong house, the entry of the wrong house is a mere mistake and not unlawful.

    No Intent to Permanently Deprive: If you are borrowing a piece of property or taking it with the intent to use it and return it, there is no intent to permanently deprive.

    No Fraud or Stealth: If the taking is open and obvious, while there may be a crime involved, the crime is not larceny.

    There may be other defenses available to you. If you or a loved one are facing charges for larceny from a house, you should explore all your options with an experienced Tulsa criminal defense lawyer. Don’t delay.

    Initial Consultation: Tulsa Criminal Defense Attorney

    When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa criminal defense attorney to discuss your available legal options.

    Contact the Tulsa Criminal Defense Law Firm by calling 918-756-9600 or toll-free at 1-888-447-7262. If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

     

    Audrey Howitt

    domestic assaultWhen domestic assault happens in front of a minor child, the crime is treated much more seriously in Tulsa, Oklahoma.

    Domestic assault and battery can be a cyclical pattern in a troubled relationship. Assault and battery in Oklahoma are two separate crimes that often occur together and are often charged together.

    Oklahoma law defines domestic assault and battery as the threat (assault) of force or violence and the actual use of force or violence (battery) any member of the household including a spouse, a boyfriend or girlfriend, a former boyfriend or girlfriend, a roommate, parents, or a former spouse or their current spouse or partner. Okla. Stat. tit. 21 § 644

    When that domestic assault or battery happens in the presence of a minor, the crime becomes a felony. That can happen when the child sees or hears the assault and battery, or when the perpetrator believes that the child is within the immediate area and may see or hear the act. In Oklahoma, a minor child is any child under the age of 18.

    Penalties

    Because the cycle of violence tends to repeat in a troubled relationship, penalties for this crime increase with subsequent convictions.

    For example, the sentence for a first conviction may be six months to a year in jail or a fine of up to $5,000.

    However, any subsequent conviction for domestic assault in the presence of a minor is punishable by one to five years in prison, a fine of up to $7,000, or both.

    In addition, the judge can order that a defendant attend counseling anger management classes at the his or her expense as part of the sentence.

    Other Situations in Which Domestic Assault Becomes a Felony

    In contrast, a first conviction for domestic assault and battery is usually charged as a misdemeanor. But subsequent convictions and the presence of other circumstances can make the crime a felony.

    Subsequent convictions are a felony punishable by up to four years in prison and a fine of $5,000.

    Subsequent arrests and convictions are typical in domestic assault cases. If the prosecution can prove a pattern of abuse, you could face up to 10 years in prison, a fine of up to $5,000, or both.

    If the assault occurs and the prosecution can prove that you had the intent to inflict bodily harm without a justifiable excuse using a sharp or dangerous weapon, the crime will be treated as a felony. You could face up to 10 years in prison if convicted.

    A shooting of a domestic relation is also a felony under Oklahoma law, punishable by a life term in prison.

    If the assault uses strangulation, the crime is a felony punishable by one to three years in prison or a fine of up to $3,000 for a first conviction. Subsequent convictions increase both prison time and possible fines.

    Talk to your attorney. There is help out there. An experienced Tulsa assault and battery attorney can really help.

    Initial Consultation: Tulsa Criminal Defense Attorney

    When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa criminal defense attorney to discuss your available legal options.

    Contact the Tulsa Criminal Defense Law Firm by calling 918-756-9600 or toll free at 1-888-447-7262. If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

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