Felony Defense

Kidnapping in Tulsa, Oklahoma may seem like a crime straight out the evening news. However, in real life it can be much less theatrical.

In fact, the crime does not always involve taking children who aren’t yours off of the streets. It may even involve taking one’s own children.

Regardless, a kidnapping conviction can lead to years behind bars.

So, do not talk to anyone about the accusation without consulting with a Tulsa criminal defense attorney.

Defining Kidnapping in Tulsa

In Oklahoma, kidnapping is defined as anyone who intentionally does one of the following:

1. Causes another person to be confined or imprisoned in this state against their will; or
2. Causes another person to be sent out of this state against their will; or
3. Causes another person to be sold as a slave, or in any way held to service against their will.

(Ok. Stat. Tit. 21 Sec. 741)

In order to be found guilty of the crime of kidnapping, a prosecutor must prove each element of the four elements of the crime beyond a reasonable doubt. T

The prosecutor must first prove that someone suspected of kidnapping:

1) unlawfully

2)seized/confined/inveigled/decoyed/kidnapped/abducted/(carried away)

3) another person,

4) with the intent to (confine that person)/(imprison that person)/(send that person out of the State)/(sell that person as a slave)/(hold that person to service): against that person’s will.

Only if the prosecutor presents evidence to prove each of these elements can a defendant be convicted of kidnapping in Tulsa.

Although a prosecutor must prove that the kidnapping occurred against the other person’s will, it is not a defense that they consented, unless the defendant can provide enough evidence to establish this to be true.

Penalties for Kidnapping in Tulsa

Kidnapping in Tulsa, Oklahoma is a felony crime and punishable with up to 20 years in prison.

Someone convicted of the crime may face additional years if the kidnapping involved sexual abuse or assault.

Initial Consultation: Tulsa Felony Defense Lawyer

A charge of kidnapping is very serious and should not be taken lightly.

If you or someone you know is faced with this charge, 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.

A mere allegation of sexual abuse of a child in Tulsa, Oklahoma can have far reaching consequences, even if you are not convicted of the crime.

Furthermore, child sex abuse charges can vary, as can the penalties according to the circumstances of the crime.

Defining Sexual Abuse of a Child

Generally, “child sexual abuse” means the willful or malicious sexual abuse of a child. This definition includes but is not limited to rape, incest, and lewd or indecent acts or proposals, of a child under eighteen (18) years of age by another.

Types of Sexual Abuse of a Child Charges

In Oklahoma, it is illegal for any parent or other person who shall willfully or maliciously engage in child sexual abuse if the child is between the ages of 12 and 17. Doing so can lead to a sentence ranging from one year in county jail to life in prison. Fines can range from $500 to $5,000.

If the child is 12 or younger, any parent or other person who shall willfully or maliciously engage in sexual abuse will face a felony charge; a conviction can lead to between 25 years and life imprisonment and a fine between $500 and $5,000.

The state of Oklahoma also punishes the enablement of child sex abuse. Enabling child sex abuse is just as serious as committing the actual act.

Enabling child sexual abuse means the causing, procuring or permitting of a willful or malicious act of the sexual abuse of a child. This definition includes but is not limited to rape, incest, and lewd or indecent acts or proposals, of a child under the age of eighteen (18) by another.

Penalties are the same for enablers as those who actually engage in the abuse themselves.

“Permit” means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of sexual abuse. (Ok. Stat. Tit. 21 Sec. 843.5)

Initial Consultation: Tulsa Felony Defense Lawyer

A conviction of any type of child abuse can destroy your life and that of your family’s.

If you or someone you know is faced with this charge, consult with an experienced Oklahoma defense 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.

A charge of assault and battery usually follows a fight or physical use of force against another person.

Although assault and battery is usually a misdemeanor crime, aggravated assault in Oklahoma can carry much larger penalties and land you in jail. This offense is legally termed as aggravated assault and battery, and can be constituted as a felony crime.

Defining Aggravated Assault in Oklahoma

Although most battery can cause injury to another person, the crime becomes “aggravated” if a victim suffers “great bodily injury.”

The state of Oklahoma defines great bodily injury as bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or substantial risk of death.

Therefore, even a broken nose can escalate a standard assault and battery charge to aggravated assault and battery.

Aggravated assault and battery also occurs when committed by a person of robust health or strength upon one who is aged, decrepit, or incapacitated.  (Ok. Stat. Tit. 21 Sec. 646). 

Punishing Aggravated Assault and Battery

In order to secure a conviction against a defendant accused of aggravated assault and battery, a prosecutor must prove:

1) that an assault and battery occurred

2) upon another person and

3) inflicted great bodily injury.

Anyone found guilty of aggravated assault in Oklahoma faces up to five years in the state penitentiary and up to $500 in fines. (Ok. Stat. Tit. 21 Sec. 647).

Initial Consultation: Tulsa Assault Defense Lawyer

A charge of aggravated assault and battery in Tulsa can result in jail time and hundreds of dollars in fines.

If you or someone 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 toll-free at 1-888-447-7262.

 

 

When our loved ones are in trouble, it is natural to want to help them.

However, providing certain types of assistance to someone who is legally considered a “fugitive” in Tulsa, Oklahoma can land you in court along with your loved ones. Even simple assistance like a meal, a warm coat, or respite in a safe place where they can get their thoughts together could be construed as harboring.

What’s more, police routinely use deception as an investigative technique. Police might mislead a person about their obligation to provide information and about the consequences of not cooperating with police.

What Does Harboring a Fugitive Mean?

In Oklahoma, anyone who has just committed a felony, is an outlaw, fugitive from justice, or is seeking to escape arrest is considered a “fugitive.”

Furthermore, “harbor” has a broad definition and includes lodging, clothing, arming, equipping, harboring, aiding, assisting, or concealing a fugitive. Okla. Stat. tit. 21 § 440

Anyone found guilty of harboring a fugitive can face as much as 10 years in the State Penitentiary for this felony crime.

A 2009 section in the harboring statute provides misdemeanor penalties for harboring a person who has not complied with sex offender registration requirements. That law implicates “any person” who does as little as to “withhold information for, or fail to notify” police about non-compliance.

While subsections of the Oklahoma harboring statute that provide penalties for knowingly harboring an unregistered sex offender may be defensible, the subsection about withholding information might not stand up to judicial scrutiny. It would seem odd for courts to endorse a law that effectively deputizes every citizen and provides criminal penalties for those who do not come forward to provide information they may or may not know to be true.

Initial Consultation: Tulsa Felony Defense Attorney

A conviction of harboring a fugitive carries very serious consequences. If you or someone you know is faced with a harboring a fugitive charge, please contact a Tulsa criminal defense attorney to discuss your available legal options.

Simply call our team at the Tulsa Criminal Defense Law Firm at 918-256-3400 for a no-hassle, confidential consultation.

If you prefer for a criminal lawyer to call you or reach you by email, click here to ask your questions via the online consultation request form.

Title 21 of the Oklahoma Statutes governs the crime of robbery in Tulsa. Robbery of any type is usually considered a serious felony crime, and requires the services of a qualified attorney.

To obtain a conviction, a prosecutor must prove must prove four elements beyond a reasonable doubt.

First, he or she will need to prove that an individual’s actions amounted to a wrongful taking of another’s personal property.

Second, the defendant must have taken the item from the victim’s “person or immediate presence.” Therefore, stealing someone’s property when the person was not there is not a robbery.

Third, the robbery must have also been against the victim’s will. The victim must not have willfully allowed the defendant to take the item.

Finally, the robbery must have been accomplished by means of force or fear.

First or Second-Degree Robbery in Tulsa?

 A defendant found guilty of robbery, as defined above, will either be convicted of robbery in the first or second degree. This distinction is significant because any person guilty of robbery in the first degree can serve at least 10 years in state prison.

A person found guilty of second-degree robbery in Tulsa can serve between one and 10 years in prison. Okla. Stat. tit. 21 § 799

Generally, a prosecutor will try to secure a conviction of first-degree robbery if the defendant committed a felony against the victim during the robbery.

However, a prosecutor will also try to convict a defendant of first-degree robbery if it involved the infliction or threat of serious bodily injury. Okla. Stat. tit. 21 § 797

Initial Consultation: Tulsa Felony Defense Lawyer

If you’ve been arrested for robbery in Tulsa or any of the surrounding Oklahoma counties, a knowledgeable robbery defense attorney can provide assistance in your case.

Simply call our team at the Tulsa Criminal Defense Law Firm at 918-256-3400 for a no-hassle, confidential consultation.