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    • Tulsa Criminal Defense Law Firm

    Oklahoma Defense Blog

    • Angela Wanjiru Mang'Eere

    Angela Wanjiru Mang'Eere

    interference with an emergency call in TulsaInterference with an emergency call, even for what may seem like a valid reason, is a crime in Tulsa, Oklahoma. For instance, in the heat of a domestic argument, you could throw something at someone or against the wall. A person in your household may decide to call 911, even though the domestic quarrel has not escalated.

    A typical parent would get quite angry if the person making the call happens to be his or her teenage child. In such circumstances, it is very easy for the parent to grab the phone from the teenager and harshly scold them for what appears to be a malicious action.

    However, interfering with an emergency call, even if it is made out of malice, could lead to misdemeanor charges. Do not attempt to stop a person who is in the process of making an emergency call, whatever their reason.

    Other Scenarios When An Emergency Call Is Interfered With

    Usually, emergency calls are made when help is urgently needed, such as after an accident or a case of violence. A drunken driver may try to stop an emergency call from being made, probably because they want to flee.

    A person who has injured another may attempt to prevent an emergency call from being made to cover up for their crime.

    Oklahoma laws define interfering with an emergency call as intentionally and willfully impeding, interfering, or interrupting someone who is in the process of making an emergency call. Okla. Stat. 21 § 1211.1

    Penalties For Interference With An Emergency Call In Tulsa

    Interference with an emergency call in Tulsa is a misdemeanor. The penalty is up to a year in jail, a fine of up to $3,000, or both.

    Do not let the legal expertise of the prosecution determine your case. Obtain legal counsel to significantly improve getting a favorable outcome in your case. An experienced Tulsa criminal attorney can advise you on possible defenses.

    You do not have to cooperate with police and prosecutors in the absence of your lawyer, as the other side works mainly to build a case against you.

    Initial Consultation: Tulsa Misdemeanor Defense Lawyer

    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 misdemeanor defense lawyer to discuss your available legal options.

    Call the Tulsa Criminal Defense Law Firm at 918-756-9600.

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

    Angela Wanjiru Mang'Eere

    feloniously pointing a firearm in TulsaIf you have a license and own a firearm in Tulsa, Oklahoma, do not point it at another even as a prank. You could face charges even though you did not intend to cause any harm. Feloniously pointing a firearm at another is a severe crime in Tulsa, Oklahoma, except as an act of self-defense.

    The law treats the offense as a felony in Tulsa. A defendant found guilty of this crime could do a lot of time in prison.

    What Is Feloniously Pointing A Firearm In Tulsa?

    Two different Oklahoma statutes describe pointing a gun feloniously at another. Oklahoma laws forbid pointing a firearm or any other deadly weapon at another, whether loaded or not, for no specific reason. A person who points a gun at another other than in self-defense faces misdemeanor charges. Okla. Stat. tit. 21 § 1279

    Another statute forbids:

    • willfully pointing a shotgun, pistol, rifle, or any other deadly weapon at another;
    • threatening to use a firearm or discharge a gun with any malice or to injure
    • either through physical, mental, or emotional intimidation, or
    • for purposes of whimsy, humor, prank,
    • in anger or otherwise.

    Okla. Stat. tit. 21 § 1289.16

    However, this statute does not forbid the pointing of shotguns, rifles, or pistols by law enforcement authorities and duly licensed armed security guards in the performance of their duties.

    Elements Of The Crime

    The prosecutor must prove the following elements of feloniously pointing a firearm at another beyond a shadow of a doubt to get a conviction.

    • Willfully
    • pointing a rifle, shotgun, pistol, or deadly weapon (loaded or unloaded)
    • at any person
    • without lawful cause
    • intending to threaten or to discharge the firearm with malice
    • to injure either through physical injury or
    • mental or emotional intimidation
    • as a prank, humor, or in anger.

    OUJI-CR 6-42

    Penalties For Feloniously Pointing A Firearm In Tulsa

    The penalty for the misdemeanor offense of pointing a gun at another is 3 to 12 months in jail, a fine between $100 and $100, or both.

    However, feloniously pointing a firearm at another could lead to 1 to 10 years in prison.

    Also, the defendant’s firearms license could be revoked.

    Get Help

    If you are facing charges of feloniously pointing a firearm at another, you should talk to a Tulsa criminal attorney. Whether you are facing criminal or misdemeanor charges, getting convicted could lead to you spending a lot of time in prison.

    A crime that involves spending time in prison should be treated with the seriousness it deserves. Do not talk with law enforcement or the prosecution before you speak to your lawyer. Our lawyers know Tulsa law and will work with you to improve your chances of getting a favorable outcome.

    Initial Consultation: Tulsa Felony Defense Lawyer

    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 felony defense lawyer to discuss your available legal options.

    Call the Tulsa Criminal Defense Law Firm at 918-756-9600.

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

    Angela Wanjiru Mang'Eere

    possession of a firearm while in the commission of a felonyPossession of a firearm while in the commission of a felony is a severe crime in Tulsa, Oklahoma. It is charged separately from the crime committed or attempted to be committed while possessing a firearm. Possessing a firearm while committing a felony is treated as a felony in Tulsa.

    Thus, a defendant faces charges for two felonies if he or she possessed a firearm when committing a crime.

    FAQs: Possession Of A Firearm While In The Commission Of A Felony

    A firearm is described in the statute as such as a rifle, shotgun, pistol, air gun, any other gas-filled weapon, any electronic dart gun, conductive energy weapon, knife, dirk, dagger, or any imitation weapon that makes the victims believe that the dangerous weapon is real. Okla. Stat. tit. 21 § 1287

    It does not matter if the firearm is loaded or not during the commission of the felony or if it is a toy, as long as the dangerous weapon instills fear in the victim that it is real. That a defendant possesses it while committing a felony is sufficient to face charges.

    Elements Of The Crime

    The prosecutor must prove the following seven elements beyond a shadow of a doubt to obtain a conviction on charges of possessing a firearm during the commission of a felony.

    • Knowing
    • and willful
    • possession
    • of an offensive weapon as listed in Oklahoma law
    • while committing or attempting to commit a felony
    • that has the following specific elements
    • and the possession of the firearm was connected to the commission or attempt to commit the crime.

    Penalties For Possession Of A Firearm While In The Commission Of A Felony

    The punishment for possessing a dangerous weapon while committing a felony is harsh. A first-time offender could spend 2 to 10 years in prison. Repeat offenders spend 10 to 30 years in prison. Okla. Stat. tit. 21 § 1287

    For this crime, there is no option of a fine in lieu of incarceration.

    Get Help

    If you are facing charges of possessing a firearm while in the commission of a felony, you need to talk to an experienced Tulsa criminal attorney immediately. Our lawyers are seasoned and knowledgeable in Oklahoma law.

    Only a lawyer who has defended many others facing charges like yours can advise you on the best way forward in your case. You do not have to engage the prosecution in court and out of court without getting expert legal advice.

    The crime of possessing a firearm while committing a felony carries lengthy jail time. You could most likely land in jail if you do not have legal advice. Life after prison as a felon can drastically change for the worse. You may lose some rights, not be able to live in some neighborhoods, or work in some professions.

    Initial Consultation: Tulsa Felony Defense Lawyer

    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 felony defense lawyer to discuss your available legal options.

    Call the Tulsa Criminal Defense Law Firm at 918-756-9600.

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

    Angela Wanjiru Mang'Eere

    assault and battery on a police officer in OklahomaPolice officers and other law enforcement officials work to maintain the peace in areas of their jurisdiction. The very nature of their work puts them at risk of violence and other mishandling by persons who may not want interference in illegal or other activities. Oklahoma has laws designed to protect police officers as they go about performing their duties. Thus, assault and battery on a police officer in Oklahoma is treated with more harshness in the law.

    If you are facing charges of assaulting an officer, you must talk to a criminal defense lawyer immediately. Assaulting a police officer could lead to you doing a lot of time in prison, especially if the victim sustained severe injuries.

    The Definition Of Assault And Battery

    Oklahoma law defines assault as the willful attempt or threat of force or violence on another. Okla. Stat. tit. 21 § 641

    Battery is the intentional and unlawful use of force or violence against another. Okla. Stat. tit. 21 § 642

    Assault happens when a person shakes their fist at someone angrily threatening violence. If they carry out the threat to assault the victim and hit them with a fist, then assault and battery have occurred. These crimes are usually charged together because they occur together.

    Assault And Battery On A Police Officer In Oklahoma

    Assault and battery on a police officer are prohibited under Oklahoma laws when there is no justifiable cause. The definition includes any police officer, highway patrolman, peace officer, sheriff, deputy sheriff, corrections personnel, or any other law enforcement officer while they are in the performance of their duties. Okla. Stat. tit. 21 § 649

    If the officer is off duty and the nature of the assault and battery has something to do with their official position as a law enforcement officer, then it is treated as if the officer was in the performance of their official duties.

    Attempting to grab an officer’s gun qualifies as assault and battery under Oklahoma laws. However, the assault and battery must be without justifiable cause. An unlawful arrest can be grounds for the defendant to claim they had a legitimate reason.

    If the assault and battery resulted in injuring a police officer, it might be charged as aggravated assault. If it results in maiming a police officer, the law treats the crime harshly. Okla. Stat. tit. 21 § 646

    Elements Of The Crime

    The state must prove the following elements of the crime beyond the shadow of a doubt to obtain a conviction.

    A person

    • willfully and intentionally
    • committed an assault or battery or both
    • upon a person known to the defendant to be a law enforcement officer
    • without a reasonable cause
    • when the police officer was in the performance of his or her duties.

    A defendant can also be charged under this statute if they attempted to grab a firearm from a law enforcement officer who was known to the defendant to be a law enforcement officer.

    Penalties For Assault And Battery On A Police Officer In Oklahoma

    A defendant found guilty of assaulting a law enforcement officer faces up to six months of jail time, a fine of up to $500, or both.

    Assault and battery on a police officer is a felony in Tulsa, Oklahoma. Thus, a defendant faces up to five years imprisonment with the Department of Corrections or a year in county jail. A fine of up to $500 may be assessed in addition to or in lieu of incarceration. Okla. Stat. tit. 21 § 649B

    A defendant found guilty of aggravated assault on a law enforcement officer that causes grave bodily harm on the officer faces life in prison. Okla. Stat. tit. 21 § 650

    If you are facing charges of assault and battery on a police officer, you should talk to a Tulsa criminal attorney right away. The penalties for this crime are rather stiff, and only an experienced attorney can determine the best way forward.

    Initial Consultation: Tulsa Misdemeanor Defense Lawyer

    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 misdemeanor defense lawyer to discuss your available legal options.

    Call the Tulsa Criminal Defense Law Firm at 918-756-9600.

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

    Angela Wanjiru Mang'Eere

    domestic assault and battery by strangulation in Oklahoma

    Oklahoma is one of the leading states in its number of reported domestic abuse cases. Thus, it’s not surprising that the state punishes domestic assault and battery more seriously than it does other instances of assault and battery. Domestic assault and battery by strangulation is taken very seriously because of the attempt to cause grave bodily harm to the victim by strangling. Thus, this crime is a felony in Tulsa, Oklahoma.

    What Is Domestic Assault And Battery By Strangulation In Tulsa, OK?

    Assault is when a person threatens to use violence on another and acts out threats such as advancing menacingly towards the victim. The battery is said to have occurred when a person carries out the risk to assault another and say, hits the victim, or strangles them as threatened.

    Assault and battery by strangulation is considered to be domestic in Oklahoma laws if it involves:

    “a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household.” Okla. Stat. tit. 21 § 644

    Elements Of The Crime

    The prosecutor must prove the following elements of the crime beyond the shadow of a doubt to obtain a conviction for this type of domestic assault in Tulsa:

    • A willful
    • and unlawful
    • attempt or offer to use violence or force and
    • the use of force or violence
    • was against a person in a domestic relationship as described in Oklahoma laws,
    • with the intent to cause great bodily harm by strangulation or attempted strangulation.

    Strangulation is defined as any asphyxia. This may include but is not limited to the closure of blood vessels, air passages, nostrils, or mouth as a result of external pressure on the neck or head.

    Penalties For Domestic Assault And Battery By Strangulation

    Punishment for domestic assault and battery by strangulation in Oklahoma is harsh upon conviction. A first-time offender could spend one to three years in prison, pay a fine of up to $3,000, or both.

    Repeat offenders could spend 3 to 10 years behind bars, pay a fine of up to $20,000, or both.

    Initial Consultation: Tulsa Felony Defense Lawyer

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

    Call the Tulsa Criminal Defense Law Firm at 918-756-9600.

    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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