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Unlicensed Practice of Medicine is a Crime

Medical battery in Oklahoma is the practice of dentistry, medicine, osteopathic medicine, or surgery, without a proper license or authority, resulting in the permanent disfigurement or injury of a patient. It’s a felony offense that can lead to imprisonment and hefty fines.

If you find yourself accused of this offense, read on.

How Does Oklahoma Law Define Medical Battery?

Medical battery under Oklahoma law includes the following elements:

1. The defendant practiced dentistry, medicine, osteopathic medicine, or surgery, without a license or authority as prohibited by the provisions of the State Dental Act, the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, or the Oklahoma Osteopathic Medicine Act;
2. The treatment, or course of treatment, practiced in violation of the provisions of the State Dental Act, the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, or the Osteopathic Medicine Act resulted in the victim having permanent physical injury or disfigurement;
3. The victim consented to such treatment, or course of treatment, under a belief that the defendant was licensed and authorized to diagnose and perform the treatment; and
4. The defendant willfully performed the act knowing that such act was prohibited pursuant to law. Okla. Stat. tit. §21-650.11

Penalties for Medical Battery in Oklahoma

Oklahoma law prescribes the following possible penalties for medical battery:

• Imprisonment in county jail for up to one (1) year or in state penitentiary for up to four (4) years;
• and, a fine of up to five thousand dollars ($5,000) Okla. Stat. tit. §21-650.11

Additionally, the court may order you to pay restitution to the plaintiff for damages. The monetary amount is up to the court’s discretion.

If you are accused of medical battery in Oklahoma, an Oklahoma criminal defense attorney can help you learn your legal options.

How is Medical Battery Different from Medical Malpractice?

The difference between medical battery and medical malpractice lies in intention. Malpractice is usually unintentional, whereas medical battery in Oklahoma is defined as “willfully” performing an action that resulted in harm to the patient, knowing that the act was contrary to the law.

Low-cost Consultation With a Medical Battery Lawyer

If you have been charged of medical battery, time is of the essence for ensuring your best chance at an effective defense. Contact the Tulsa criminal lawyers at Tulsa Criminal Defense Law Firm for a low-cost confidential consultation.

A Tulsa defense attorney can explain how the criminal justice system works and answer your specific questions. Call (918) 256-340 right now to start your low-cost initial strategy session with a medical battery attorney in Tulsa.

85% of what?

Oklahoma’s 85% law means that perpetrators of sexual and violent crimes are required to serve not less than 85% of their sentence of imprisonment before they become eligible for consideration for parole. Oklahoma implemented this law around 2000 to ensure that perpetrators didn’t get early parole and skip out on a large part of their sentence.

Even after they’ve served 85% of their sentence, parole is not automatic and may still be denied. For other types of crimes, there is typically a requirement to serve only one-third or one-fourth of the sentence, which is 33% or 25%, significantly lower than 85%.

85% Crimes in Oklahoma

There are two types of crimes in Oklahoma that are considered 85% crimes. They are sexual and violent crimes.

The violent crimes are first degree murder, second degree murder, manslaughter in the first degree, poisoning with intent to kill, shooting with intent to kill, use of a vehicle to facilitate use of a firearm, crossbow or other weapon, assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodily harm.

It also includes assault with intent to kill, conjoint robbery, robbery with a dangerous weapon, first degree robbery, first degree arson, first degree burglary, bombing, abuse of a vulnerable adult, aggravated assault and battery upon any person defending another person from assault and battery.

The sexual crimes are first degree rape, any crime against a child, forcible sodomy, child porn or aggravated child porn, child prostitution, lewd molestation of a child, aggravated trafficking, and human trafficking.

Initial Consultation with a Tulsa Defense Attorney

If you have more questions about 85% crimes or what that means for your situation, an attorney from the Tulsa Criminal Defense Law Firm can give you answers. For a low-cost initial strategy session, call (918) 256-3400. You can also click “Start My INITIAL Consultation.”

What is Actual Physical Control?

Actual Physical Control (APC) is related to driving while under the influence of alcohol or drugs. However, you don’t have to be driving to get an APC charge. In order to be in actual physical control of a vehicle, you have to be in or near the vehicle with the keys in your possession.

For example, some people who leave a bar drunk don’t get a ride home. They have enough sense to know not to drive themselves home, so they decide to sleep it off in their car. A police officer could see them, check their BAC, and charge them with APC if they have their keys with them.

The reasoning is that the person was capable of starting their car and driving it. In a sense, it’s a preventative or preemptive measure. The best way to avoid an APC charge is to stay away from your vehicle if you’re under the influence.

What are the elements?

There is an Oklahoma law called Being in Actual Physical Control of a Motor Vehicle While Under the [Combined] Influence of Alcohol/(An Intoxicating Substance). According to the Oklahoma Court of Criminal Appeals (OCCA), the prosecution must prove certain elements beyond a reasonable doubt in order to secure a conviction. They are:

1. being in actual physical control of a motor vehicle
2. on a public or private road, street, highway, turnpike, alley, or land with access to at least one house
3. with a blood/breath alcohol concentration of 0.08+ OR while under the influence of alcohol OR while under the influence of both, which may render a person incapable of safely driving a motor vehicle (OUJI-CR 6-20)

If you’ve been charged with APC in Tulsa, an accomplished defense attorney can help you build a rock-solid defense.

Penalties for APC

The penalties for APC can be pretty severe, depending on whether it’s your first charge. On your first offense, it’s a misdemeanor. You’ll be required to participate in an alcohol and drug substance abuse evaluation and assessment program and follow all recommendations made in the program. You could spend between 10 days and a year in jail and pay a fine of up to $1,000.

A second offense within ten years of completing your sentence or deferred judgement for the first offense is a felony. There’s the same program requirement, or you could get one to five years in jail or a fine of up to $2,500, or all three.

If you have a felony conviction for reckless driving, driving while intoxicated, APC, or negligent homicide and you get charged with APC, it’s a felony. You’d have to complete the program or spend one to ten years in jail and pay a fine of up to $5,000. You may have to do all three.

If you have two such felony convictions or a conviction for second-degree murder or first-degree manslaughter for a death caused by DUI, jail time, fines, and other penalties worsen (Okla. Stat. tit. 47 § 11-902).

No matter what penalties you face for an APC charge, an experienced defense attorney in Tulsa can offer you skilled legal counsel to give you the best chance at your desired outcome.

Initial Consultation with a Tulsa Defense Attorney

If you’ve been charged with APC in Tulsa, a defense attorney from the Tulsa Criminal Defense Law Firm can fight for your rights and your freedom. For a low-cost initial strategy session, call (918) 256-3400. You can also click “Start My INITIAL Consultation” at the top of the page.