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    assault in TulsaIn the city of Tulsa and in the state of Oklahoma, assault means any willful and unlawful attempt or offer with force or violence to do corporal hurt to another. A defendant need not actually harm or even come into physical contact with the victim to be charged with assault in Tulsa.  The attempt is enough.

    Battery, on the other hand, means any willful and unlawful use of force or violence upon the person of another. A charge of battery requires that the defendant actually came into physical contact with the victim. Usually, physically harming another person will result in a charge of both assault and battery.

    Punishing Assault in Tulsa

    Assault by itself  is a misdemeanor that is punishable with up to 30 days in jail. However, a combined offense of assault and battery can result in a 90 day jail sentence. Both crimes carry considerable fines. A judge may also impose a much harsher sentence if the defendant committed both assault and battery on a spouse, boyfriend, girlfriend, or other domestic relationship.

    Initial Consultation: Tulsa Assault Defense Lawyer

    A charge of assault in Tulsa can result in jail time and hundreds of dollars in fines. If you or anyone you know is faced with this charge, please contact a Tulsa Criminal Defense Attorney to discuss your available legal options. Consult with an experienced attorney at the Tulsa Criminal Defense Law Firm today at (918) 256-3400, or call toll-free at 1-(888) 447-7262 (Wirth Law). If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

     

    pwhitaker Avatar

    conspiracy chargeConspiracy is a complicated and serious charge that can result in severe punishment. A conspiracy charge in Tulsa is governed by Oklahoma law, which defines conspiracy as an agreement between two or more people to commit a crime. However, in order to qualify as a true conspiracy, two or more people must take action to further the crime. For example, an agreement to rob a bank is not a conspiracy unless a party took steps towards actually robbing the bank, such as driving a get away car.

    Other Ways to Commit Conspiracy

    There are several other ways someone may be charged with conspiracy in Oklahoma other than agreeing to commit a crime. Agreeing to do one of the following will constitute a conspiracy as well:

    1. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime; or
    2. Falsely to move or maintain any suit, action or proceeding; or
    3.  To cheat and defraud any person of any property by any means which are in themselves criminal, or by any means which, if executed, would amount to a cheat or to obtaining money or property by false pretenses; or,
    4. To commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice or the due administration of the laws, they are guilty of a conspiracy.

    Proving a Conspiracy Charge

    In order to secure a conviction, a prosecutor will have to prove each part of a crime’s definition beyond a reasonable doubt. These parts are called elements. The first element of a conspiracy charge requires an agreement by two or more persons. Second, the prosecution must present evidence that they agreed to commit a crime or one of the aforementioned activities. Third, there must be evidence that the defendant was a party to the agreement at the time it was made or knowingly entered into it later. Finally, the prosecution must show that any member of the conspiracy took an action to commit the crime.

    The final element complicates the conspiracy charge, as the defendant did not have to be the one who actually took the action in furtherance of the crime. Anyone found guilty of conspiracy may face up to 10 years in prison if the conspiracy involved a felony.

    Initial Consultation: Tulsa Conspiracy Defense Lawyer

    A conviction of conspiracy can carry lengthy prison sentences and fines. If you or anyone you know is faced with a conspiracy charge, please contact a Tulsa Criminal Defense Attorney to discuss your available legal options. Consult with an experienced attorney at the Tulsa Criminal Defense Law Firm today at (918) 256-3400, or call toll-free at 1-(888) 447-7262 (Wirth Law). If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

    pwhitaker Avatar

    child neglectChild neglect is a crime that can lead not only to punishment, but the separation of your family. There are several ways that someone can commit child neglect in Tulsa, and an attorney can help you navigate the legal troubles that come with the charge.

    Defining Child Neglect

    Child Neglect has several definitions, and a prosecutor will have to prove beyond a reasonable doubt that someone who was in charge of a child’s care acted either willfully or maliciously when doing something that fell within the definition of “neglect.”

    One definition of “neglect” in Oklahoma is the failure to provide adequate nurture, affection, food, clothing, shelter, sanitation, hygiene, medical treatment, education, or supervision. Someone may also be accused of child neglect if they did not protect their children from exposure to illegal drugs, illegal activities, or sexual acts or materials. Finally, abandoning a child can also be construed as neglect in Oklahoma.

    Initial Consultation: Tulsa Child Neglect Lawyer

    Unfortunately, the terms and definitions of “neglect” are vague, and even well intentioned parents can be charged with child neglect. If you or anyone you know is faced with a charge of child neglect in Tulsa, please contact a Tulsa child neglect attorney to discuss your available legal options. Consult with an experienced attorney at the Tulsa Criminal Defense Law Firm today at (918) 256-3400, or call toll-free at 1-(888) 447-7262 (Wirth Law). If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

    pwhitaker Avatar

    possession of a controlled dangerous substanceSometimes you don’t have to get caught in the act to acquire a drug charge. Having possession of the drug is enough. In Tulsa, you may have a defense to marijuana possession if you acquired the drug from a licensed physician through prescription. Beyond these limited instances, possession of a controlled dangerous substance charges are governed by Oklahoma law, which has some pretty harsh penalties for this crime ranging from long-term probation to several years behind bars.

    Proving Possession of a Controlled Dangerous Substance

    Whenever an officer finds drugs on someone, it is pretty easy for a prosecutor to prove that they “possessed” the drug. However, this case isn’t always a slam dunk for prosecutors when the drug was around or near the defendant. In fact, Oklahoma recognizes two types of possession of a controlled dangerous substance, called “actual” and “constructive.”

    Actual possession occurs when a person who knowingly has direct physical control over a thing. On the other hand, a person who knowingly has the power and the intention at a given time to exercise dominion or control over a thing will have constructive possession.  This means that someone can be convicted of a drug possession charge if it is in their car or in their desk at the office, as long as it can be shown that they had control over the area where the drugs were found. But, just being in the vicinity of drugs will not be enough to show that a defendant was in “possession” of them. A prosecutor must show that a defendant had both knowledge and control of the drugs beyond a reasonable doubt.

    Initial Consultation: Tulsa Drug Charge Lawyer

    A charge of drug possession can be very serious, especially depending on the type of drug and if you are caught more than once. If you or anyone you know is faced with a charge of possession of a controlled dangerous substance in Tulsa, please contact a Tulsa drug charge attorney to discuss your available legal options. Consult with an experienced attorney at the Tulsa Criminal Defense Law Firm at (918) 256-3400, or call toll-free at 1-(888) 447-7262 (Wirth Law). If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

    pwhitaker Avatar

    Tulsa hit and runGetting into a car accident can be a terrifying ordeal for most of us. However, anyone who fails to stop their vehicle after an accident can be found guilty of hit and run in the state of Oklahoma. Because a conviction of hit and run can have serious consequences, consulting a Tulsa hit and run attorney immediately can make sure you receive a fair day in court.

    Punishing Hit and Run

    The penalty for failing to stop after an accident where no death resulted can range from 10 days to two years and between $50 and $1,000 in fines. However, if someone was killed in an accident, failure to stop can lead between one and ten years in prison and up to $10,000 in fines.

    Initial Consultation: Tulsa Hit and Run Lawyer

     

    A charge of hit and run can change your life for the worse. If you or anyone you know is faced with this charge, please contact a Tulsa hit and run attorney to discuss your available legal options. Consult with an experienced attorney at the Tulsa Criminal Defense Law Firm, call today at (918) 256-3400, or call toll-free at 1-(888) 447-7262 (Wirth Law). 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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      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.

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