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    What is Oklahoma’s Hate Crime Law

    Oklahoma’s Hate Crime Law is officially known as the “Oklahoma Malicious Harassment Act.” The statute can be found in Okla. Stat. tit. 21 § 850.

    Under this law, it is illegal to maliciously and with specific intent to intimidate or harass another person because of their actual or perceived race, color, religion, ancestry, national origin, disability, gender, or sexual orientation commit any of the following acts:

    1. Causing or attempting to cause bodily injury to the person or another.
    2. Threatening the person or another with the intent to cause bodily injury.
    3. Subjecting the person or another to physical contact which would be offensive to a reasonable person.
    4. Intentionally damaging, destroying, or defacing any real or personal property of the person or another.

    A violation of the Oklahoma Malicious Harassment Act is considered a misdemeanor on the first offense, and a felony on any subsequent offense.

    Protecting Free Speech

    Are you or a loved one facing charges under Oklahoma’s Malicious Harassment Act? You may be feeling overwhelmed and scared, but you don’t have to face this alone. The Tulsa Criminal Defense Law Firm and our team of skilled criminal defense lawyers are here to help.

    This hate crime law has come under scrutiny in recent years for its potential to be used to prosecute individuals for their protected speech. The law states that anyone who “maliciously and with the specific intent to intimidate or harass another person because of that person’s race, color, religion, ancestry, national origin or disability” can be charged with a misdemeanor, or a felony, if it is their second offense. This makes it a more significant charge than just a simple assault, thereby making it more important you get legal help right away.

    The wording of the law leaves room for interpretation and can be used to prosecute individuals for speech that is protected under the First Amendment. This has led to legal challenges of the law, and the Tulsa Criminal Defense Law Firm is ready to defend you.

    Successful Defense

    One successful defense of this law was in the case of a client who was charged with violating the Malicious Harassment Act for comments made on social media. The prosecution argued that the comments were made with the specific intent to intimidate or harass the victim based on their race. Skilled defense attorneys were able to show that the comments were made in the context of a heated political discussion and were not intended to intimidate or harass anyone. The case was ultimately dismissed.

    In another case, a client was charged with violating the Malicious Harassment Act for comments made during a protest. Lawyers argued that the client was exercising their First Amendment right to free speech and that the comments were not made with the intent to intimidate or harass anyone. The case was dismissed, and the client was able to continue their advocacy for their cause without fear of prosecution.

    Call For a Initial Low-cost Consultation Today

    At the Tulsa Criminal Defense Law Firm, we believe in defending our clients’ constitutional rights, including their right to free speech. We understand that being charged with a crime can be overwhelming and scary, but we are here to help you navigate the legal system and fight for your rights.

    If you or a loved one is facing charges under the Malicious Harassment Act, don’t hesitate to contact us for a low-cost initial strategy session. We will provide you with the legal support from our experienced Tulsa criminal defense lawyers that you need to fight these charges and protect your rights. Call us today at 918-256-3400 to schedule your low-cost initial strategy session.

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    Tulsa Defense Attorney: Benefits of ‘Nolo Contendere‘Pleading No Contest in Tulsa

    Have you been charged with a crime but find things to be not so black or white, and unsure what is the best legal approach?

    At the Tulsa Criminal Defense Law Firm, our defense attorney’s understand the uncertainty that someone accused of a crime can feel. Our experienced Tulsa defense lawyers have the knowledge to help guide you through your defense and possible plea strategy.

    A no contest plea, also known as nolo contendere, is a type of plea in which the defendant does not admit to committing the crime, but does not contest the charges either. Although a no contest plea can lead to the same consequences as a guilty plea in most cases, a no contest plea can be beneficial to a client in a deferred adjudication situation.

    Deferred Adjudication

    Deferred adjudication is a type of probation in which the defendant pleads guilty or no contest to the charges, but instead of receiving a conviction, they are placed on probation. If the defendant successfully completes the probation, the charges are dismissed. However, if the defendant violates the terms of the probation, they can face the original charges and a conviction.

    In this situation, a no contest plea can be beneficial because it allows the defendant to avoid admitting guilt while still accepting the terms of the deferred adjudication. This can be particularly important in cases where the defendant may face civil litigation related to the criminal charges, as an admission of guilt can be used against them in those proceedings.

    Additionally, a no contest plea may be beneficial if the defendant is concerned about the impact a guilty plea could have on their employment or professional license. By entering a no contest plea, the defendant avoids the stigma of a guilty plea while still accepting responsibility for their actions.

    Defense Attorney Bargaining Chip

    A good criminal defense attorney can use a no contest plea to help their clients in a variety of ways. For example, a skilled Tulsa defense lawyer can negotiate with the prosecution to reduce the charges or penalties against their client in exchange for a no contest plea. Additionally, an attorney can use a no contest plea to avoid the risks of a trial. If a defendant pleads no contest, they avoid the risk of being found guilty and can avoid the potentially severe consequences of a guilty verdict.

    Additionally, a no contest plea can be used as a bargaining chip in plea negotiations with prosecutors. Prosecutors may be more willing to negotiate a plea deal when the defendant is willing to plead no contest rather than insisting on a not guilty plea and going to trial. A defendant may get more satisfaction from pleading no contest than from admitting guilt when they don’t believe they are guilty.

    Contact our Skilled Defense Lawyers Today

    If you are facing criminal charges in Oklahoma and are unsure of the best way to proceed, it is essential to seek the help of an experienced criminal defense attorney. At Tulsa Criminal Defense Law Firm, our team of attorneys has extensive experience representing clients in criminal cases and can help you understand your legal options. We can work with you to develop a strategy for your case that maximizes your chances of a favorable outcome.

    Whether you are facing misdemeanor or felony charges, we are here to help. Contact us today at 918-256-3400 to schedule a low-cost initial strategy session with one of our skilled criminal defense attorneys. With our help, you can fight the charges against you and protect your rights and freedoms.  If you need a criminal defense attorney in Tulsa, Oklahoma, call the Tulsa Criminal Defense Law Firm at 918-256-3400.

     

     

     

     

     

     

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    Oklahoma’s Open Container Law: What You Need to Know

    driving with an open container in Tulsa

    If you’ve been charged with an open container violation in Oklahoma, it’s important to understand the consequences and your legal options. At the Tulsa Criminal Defense Law Firm, we’ve helped many clients who have been charged with open container violations in Oklahoma. Our skilled Tulsa lawyers want to share our knowledge of the law and how we can help you.

    Oklahoma’s Open Container Law is defined in Okla. Stat. tit. 47§11-902. This law prohibits drivers and passengers from possessing open containers of alcohol in a vehicle on any public highway, road, or street. An open container is any container of alcohol that has been opened, has a broken seal, or has had its contents partially removed. This law applies to all vehicles, including cars, trucks, and motorcycles.

    The Consequences of Violating Oklahoma’s Open Container Law

    If you’re caught with an open container of alcohol in your vehicle, you could face serious consequences. You could be charged with a misdemeanor, which carries a maximum fine of $500 and up to 30 days in jail. In addition to the criminal penalties, you could also face a driver’s license suspension, increased insurance rates, and a criminal record that could impact your future employment and housing opportunities.

    If you’ve been charged with an open container violation in Tulsa, or the surrounding area, it’s important to speak with an experienced criminal defense attorney as soon as possible. A skilled Tulsa attorney can review the specifics of your case, investigate the circumstances surrounding the charge, and help you understand your legal options. Some of the ways that a Tulsa criminal defense attorney can help include:

    1. Challenging the legality of the stop: In order for a police officer to conduct a traffic stop, they must have a reasonable suspicion that a crime has occurred. If the officer did not have a valid reason for the stop, any evidence obtained as a result of the stop could be suppressed and the charges could be dismissed.
    2. Challenging the validity of the search: If the police officer conducted a search of your vehicle without a warrant or without your consent, any evidence obtained as a result of the search could be suppressed and the charges could be dismissed.
    3. Negotiating a plea deal: In some cases, it may be possible to negotiate a plea deal with the prosecutor in order to reduce the charges or the penalties associated with the open container violation.

    Successful Examples Defended by a Tulsa Criminal Defense Attorney

    At the Tulsa Criminal Defense Law Firm, we have successfully defended clients who have been charged with open container violations in Oklahoma. Some of the examples of cases we have defended include:

    1. Case 1: A Tulsa Criminal Defense Law Firm client was a passenger in a car and was charged with an open container violation after a police officer found a beer can in the back seat. We challenged the legality of the stop and the search of the vehicle, and the charges were dismissed.
    2. Case 2: A Tulsa Criminal Defense Law Firm client was stopped at a DUI checkpoint and was charged with an open container violation after a police officer found a half-empty bottle of wine in the back seat. We negotiated a plea deal with the prosecutor, and our client received a reduced fine and no jail time.

    Call for a Initial Consultation

    If you or a loved one has been charged with an open container violation in Oklahoma, it’s important to seek legal representation as soon as possible. At the Tulsa Criminal Defense Law Firm, we have the experience and knowledge necessary to help you navigate the legal system and fight for your rights. Call the Tulsa Criminal Defense Law Firm today at 918-256-3400 to schedule a low-cost initial strategy session. We’re here to help you.

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    Resisting Arrest in Oklahoma: What You Need to Know

    Being arrested is a scary and stressful experience, but it’s important to remember that you have legal rights. If you have been charged with resisting arrest in Tulsa, or the surrounding area, it’s crucial to understand the consequences and your legal options. At the Tulsa Criminal Defense Law Firm, we understand the fear and frustration that comes with a resisting arrest charge. Our experienced attorneys are here to help you navigate the legal system and protect your rights.

    Resisting arrest in Oklahoma is defined in Okla. Stat. tit. 21 § 268.10. This law makes it a crime to knowingly resist or obstruct a law enforcement officer in the course of making an arrest. This can include physically resisting arrest, fleeing from a law enforcement officer, or using force against an officer.

    The consequences of a resisting arrest conviction can be severe. Depending on the circumstances, you could face misdemeanor or felony charges, fines, and even jail time. Additionally, a conviction for resisting arrest could impact your future employment and housing opportunities.

    How a Tulsa Criminal Defense Attorney Can Help

    If you have been charged with resisting arrest, it’s important to speak with an experienced criminal defense attorney as soon as possible. A skilled attorney can review the specifics of your case, investigate the circumstances surrounding the charge, and help you understand your legal options. Some of the ways that a criminal defense attorney can help include challenging the legality of the arrest. For example, in order for an arrest to be legal, law enforcement officers must have probable cause to believe that a crime has been committed. If there was no probable cause, any evidence obtained as a result of the arrest could be suppressed and the charges could be dismissed.

    The Tulsa Criminal Defense Law Firm can also look at challenging the use of force. If law enforcement officers used excessive force during the arrest, a skilled Tulsa criminal defense attorney can help hold them accountable for their actions. Negotiating a plea deal is also an option. In some cases, it may be possible to negotiate a plea deal with the prosecutor in order to reduce the charges or the penalties associated with the resisting arrest charge.

    Successful Examples of Defense

    At the Tulsa Criminal Defense Law Firm, we have successfully defended clients who have been charged with resisting arrest in Oklahoma. According to the Oklahoma Uniform Crime Reporting (UCR) Program, in 2020, there were 3,633 arrests made for the offense of “Resisting, delaying or obstructing an officer” in Oklahoma. This offense includes resisting arrest, but also includes other actions such as hindering or obstructing a police officer’s duties. Some of the examples of cases we have defended include:

    1. Case 1: A Tulsa Criminal Defense Law Firm client was charged with resisting arrest after an officer used excessive force during the arrest. We were able to negotiate a plea deal with the prosecutor, and our client received a reduced fine and no jail time.
    2. Case 2: A Tulsa Criminal Defense Law Firm client was charged with resisting arrest after being arrested without probable cause. We challenged the legality of the arrest, and the charges were dismissed.

    Call for a Initial Consultation

    If you or a loved one has been charged with resisting arrest in Oklahoma, it’s important to seek legal representation as soon as possible. At the Tulsa Criminal Defense Law Firm, we understand the fear and uncertainty that comes with a resisting arrest charge. Our experienced attorneys are here to help you protect your rights and fight for your future. Call the Tulsa Criminal Defense Law Firm today at 918-256-3400 to schedule a low-cost initial strategy session. Our skilled Tulsa attorneys are here to help you.

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    Time is of the Essence

    At the Tulsa Criminal Defense Law Firm, we understand that being accused of a crime can be a frightening experience. That’s why we’re here to help you understand Oklahoma’s Statute of Limitations and how it can help you if you’ve been accused of a crime.

    Oklahoma’s Statute of Limitations is a legal time limit that determines the amount of time prosecutors have to file criminal charges against someone. In other words, it sets a deadline for when a case must be brought to court. The statute of limitations for different crimes can vary depending on the severity of the crime and other factors.

    Specifics on Oklahoma’s Statute of Limitations

    The Oklahoma Statute that defines the Statute of Limitations is Okla. Stat. tit.22§152. In Oklahoma, there is no statute of limitations for crimes like murder, manslaughter, or certain sex crimes. However, for other crimes like theft or assault, the statute of limitations may range from three to seven years.

    In Oklahoma, the Statute of Limitations varies depending on the type of crime that was committed. Here are some examples of specific time limits for certain crimes:

    • Murder: There is no Statute of Limitations for murder in Oklahoma. This means that a person can be charged with murder at any point in the future, even if the crime was committed many years ago.
    • Rape: The Statute of Limitations for rape in Oklahoma is 12 years.  However, there are certain circumstances that can extend the statute of limitations, such as if DNA evidence is found that can identify the perpetrator, or if the accused has left the state and cannot be located.  It’s worth noting that the statute of limitations for rape in Oklahoma has been amended several times in recent years, with the most recent amendment increasing the time limit from 10 years to 12 years. It’s also important to keep in mind that the statute of limitations can vary depending on the specific circumstances of the case and the nature of the charges. It’s always best to consult with a criminal defense lawyer who is experienced in handling rape cases in Oklahoma to understand the specific time limits that may apply to your situation.
    • Robbery: The Statute of Limitations for robbery in Oklahoma is 7 years. This means that the prosecution must bring charges within 7 years of the crime being committed.
    • Forgery: The Statute of Limitations for forgery in Oklahoma is 7 years. This means that the prosecution must bring charges within 7 years of the crime being committed.

    It’s important to note that these time limits can vary depending on the specific circumstances of the case, and there are some situations where the Statute of Limitations may be tolled, or paused, which can extend the time limit. That’s why it’s important to consult with an experienced Tulsa criminal defense lawyer if you’ve been accused of a crime such as a drug offense, robbery, etc.

    If the statute of limitations has expired for a particular crime, prosecutors are barred from bringing criminal charges against you. This means that if you were accused of a crime that happened more than the statute of limitations allows for, you cannot be prosecuted for that crime.

    How Oklahoma’s Statute of Limitations Can Help You

    If you’ve been accused of a crime in Oklahoma, understanding the statute of limitations can be an important tool in your defense. It’s crucial to know how long prosecutors have to bring charges against you, as this can help you build your defense strategy.  For example, if you were accused of a crime and the statute of limitations has expired, you can use this to argue that the charges should be dismissed. Similarly, if the prosecution waits too long to bring charges, your defense attorney may argue that your right to a speedy trial has been violated.

    The Tulsa Criminal Defense Law Firm can use the Statute of Limitations law to help you in cases like the following example

    1. Case Dismissed due to Expiration of Statute of Limitations: In one case, a client was accused of a crime that allegedly occurred 10 years prior. However, the statute of limitations for the crime was only 7 years. The criminal defense lawyer was able to argue that the statute of limitations had expired and the case was dismissed.
    2. Reduced Charge due to Statute of Limitations: In another case, a client was accused of a serious crime that occurred 3 years prior. The criminal defense lawyer discovered that the statute of limitations for the crime was 2 years. The lawyer was able to use this information to negotiate a plea deal with the prosecutor, resulting in a reduced charge and a more lenient sentence for the client.
    3. Evidence Suppressed due to Expiration of Statute of Limitations: In a third case, a client was accused of a drug offense that allegedly occurred 5 years prior. However, the statute of limitations for the offense was only 3 years. The criminal defense lawyer was able to argue that the evidence against the client was obtained after the expiration of the statute of limitations, and therefore should be suppressed. As a result, the case was dismissed.

    These are just a few examples of how having a criminal defense lawyer from the Tulsa Criminal Defense Law Firm, who is knowledgeable about Oklahoma’s Statute of Limitations law can be extremely beneficial for those accused of a crime. A skilled Tulsa defense attorney can use this law to argue for dismissal of charges, reduction of charges, or suppression of evidence, ultimately leading to a better outcome for their client.

    Working with an experienced criminal defense lawyer from the Tulsa Criminal Defense Law Firm can help you understand how the statute of limitations can be applied to your case. We can work with you to build a strong defense and fight for your rights under the law.

    Call Today for a Initial Consultation

    If you or a loved one has been accused of a crime in Oklahoma, it’s important to understand the legal tools available to you. The statute of limitations is one such tool that can be used to your advantage. At the Tulsa Criminal Defense Law Firm, our experienced criminal defense lawyers are here to help you navigate the legal system and build a strong defense.

    Call the Tulsa Criminal Defense Law Firm today at 918-256-3400 to schedule a low-cost initial strategy session and learn more about how we can help you with your criminal defense case.

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      tulsa ok criminal defense attorney

      500 W. 7th St, Ste. 114

      Tulsa, OK 74119

      Tulsa Criminal Defense Law Firm offers counsel and representation for most criminal defense matters, in Tulsa and the surrounding counties. The skilled defense team can represent you before charges are filed, during investitations or arrests, before trial, at trial, through the appeals process, and if necessary in any probation or parole processes.

      If you don't see your specific need listed here, call us. If we can't help we'll most likely know someone who can help with a unique criminal matter.