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    Understanding False Imprisonment in Oklahoma

    false imprisonment felony charges in Oklahoma

    If you are charged with false imprisonment in Oklahoma, it’s essential to understand the law and the potential consequences of a conviction. False imprisonment is a serious offense that carries significant penalties, including substantial fines and even imprisonment. To navigate the legal system and protect your rights, you need the help of an experienced criminal defense attorney, like the Tulsa Criminal Defense Law Firm.

    False imprisonment occurs when an individual intentionally confines another person against their will without legal authority. The confinement can occur in a confined space or by force, and it can be brief or prolonged. Oklahoma law defines false imprisonment as a felony, and it carries significant penalties.

    Penalties for False Imprisonment in Oklahoma

    If convicted of false imprisonment in Oklahoma, you could face up to ten years in prison and up to a $20,000 fine. The severity of the penalty depends on the nature of the confinement and the use of force. If a deadly weapon was involved, the offense is considered aggravated false imprisonment and carries even more significant penalties.

    Here are some recent facts about false imprisonment in Oklahoma:

    1. In 2021, a former Oklahoma City police officer was sentenced to 263 years in prison for sexually assaulting and falsely imprisoning Black women while on duty.
    2. In 2020, an Oklahoma man was charged with kidnapping and false imprisonment after he held a woman captive in his home for several days.
    3. According to the Oklahoma State Bureau of Investigation, there were 121 reported cases of false imprisonment in Oklahoma in 2020.
    4. In 2019, an Oklahoma woman was charged with false imprisonment after she allegedly held her stepdaughter captive in a dog cage for several weeks.
    5. In 2018, an Oklahoma man was sentenced to 25 years in prison for kidnapping and false imprisonment after he held his ex-girlfriend captive and threatened to kill her.

    These recent examples highlight the severity of false imprisonment in Oklahoma and the potential consequences of a conviction. If you’re facing false imprisonment charges, it’s important to seek the help of an experienced criminal defense attorney who can protect your rights and defend your freedom.

    Why You Need the Tulsa Criminal Defense Law Firm

    If you’re facing charges of false imprisonment, you need the help of an experienced Tulsa criminal defense attorney who understands the Oklahoma legal system. The Tulsa Criminal Defense Law Firm has a proven track record of successfully defending clients facing criminal charges, including false imprisonment.

    The attorneys at the Tulsa Criminal Defense Law Firm have extensive experience in criminal law, and they understand the nuances of the legal system. They will investigate the case thoroughly, looking for any evidence that may help your case, and provide expert legal advice to protect your rights.

    Get Your Initial Consultation Today

    If you’re facing charges of false imprisonment in Oklahoma, you need the help of an experienced criminal defense attorney. The Tulsa Criminal Defense Law Firm is dedicated to providing aggressive, effective legal representation to protect your rights and defend your freedom. Call us at 918-256-3400 to schedule a consultation today.

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    Felony Discharge of a Firearm in Oklahoma

    You may have the right to bear arms in Oklahoma, but that doesn’t mean you can use a gun in any way you want. There are laws governing the proper and legitimate use of a firearm in Oklahoma. For example, feloniously pointing a firearm in Oklahoma is not allowed. Neither is felonious discharge. Breaking the law regarding felony discharge in Oklahoma can mean facing serious criminal penalties.

    In this article, we’ll explain what constitutes felony discharge of a firearm in Oklahoma, the penalties for committing the offense, and possible defenses.

    What Does the Law Say?

    The Oklahoma legislature has the following to say about felony discharge of a firearm in Oklahoma:

    “It shall be unlawful for any person to willfully or intentionally discharge any firearm or other deadly weapon at or into any dwelling, or at or into any building used for public or business purposes. Any violation of the provisions of this section shall be a felony punishable by imprisonment in the custody of the Department of Corrections for a term not less than two (2) years nor more than twenty (20) years. The provisions of this section shall not apply to any law enforcement officer in the performance of any lawful duty.” Okla. Stat. tit. 21 O.S. §21-1289.17

    As the law states, felony discharge of a firearm in Oklahoma brings with it a sentence ranging between two to twenty years in prison.

    Elements of the Crime

    To be convicted of felony discharge of a firearm in Oklahoma, the prosecution must prove the following elements beyond a reasonable doubt:

    1. Intentional Act: The defendant intentionally discharged a firearm. This means that the defendant must have acted knowingly and purposefully, rather than accidentally or negligently.
    2. Location: The firearm was discharged into a dwelling or building used for public or business purposes. This includes houses, apartments, offices, stores, schools, and other similar structures.
    3. No Lawful Cause or Justification: The defendant had no lawful reason to discharge the firearm in the specified location. Some lawful reasons may include self-defense, defense of others, or defense of property. Another lawful defense is if you are a police officer or some other government official who used the firearm while executing your legitimate government duties.

    If you are not a policeman or some other government official, injecting reasonable doubt into any of these three elements is your best bet for an acquittal. An Oklahoma felony defense lawyer can help you with this.

    Low-cost Consultation With an Oklahoma Felony Defense Attorney

    Felony discharge of a firearm is a serious offense in Oklahoma, carrying significant penalties for those convicted. If you or someone you know has been charged with felony discharge of a firearm, it is crucial to consult with an experienced Oklahoma criminal defense attorney to ensure your rights are protected and to explore the best possible legal strategies for your case. For a low-cost initial strategy session with a defense lawyer in Tulsa, call the Tulsa Criminal Defense Law Firm at (918) 256-3400 or use the form at the top of this page to send your question.

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    Oklahoma Pardon Application

    Applying for a pardon in Oklahoma can be an intimidating process, but with the right guidance, you can successfully navigate the application procedure. A pardon is an official act of forgiveness granted by the state governor, potentially restoring some or all of the rights lost due to a criminal conviction.

    This article will explore what a pardon is and how you can obtain one.

    What is an Oklahoma Pardon?

    A pardon restores any rights you may have lost prior to conviction for a crime in Oklahoma. It can only be granted the the governor of the state.

    Step One: Determine Your Oklahoma Pardon Eligibility

    According to the Oklahoma Pardon and Parole Board:

    “The applicant must have completely discharged the entire sentence for the offense he/she is wishing to have pardoned. They may not be under any type of supervision. The applicant must have paid all fines, fees, restitution, court costs, etc. in full.”

    In addition, you must have waited at least five years since completing your sentence and demonstrated rehabilitation and good character since its completion.

    Step 2: Obtain Your Criminal Records

    To complete your pardon application, you will need to gather a copy of your criminal records. You can obtain your criminal records from the Oklahoma State Bureau of Investigation (OSBI) by submitting a request and paying the required fees. Make sure to obtain certified copies of your records, as they will be required for your application.

    Step 3: Download and Complete the Pardon Application Form

    Visit the Oklahoma Pardon and Parole Board website and download the pardon application form. The application form includes sections that require personal information, details about your convictions, reasons for seeking a pardon, and character references. Be sure to fill out the form accurately and completely.

    In addition to the completed application form, you will need to provide the following documentation:

    • Certified copies of your criminal records from the OSBI
    • Proof of completion of your sentence, including probation or parole
    • Evidence of your rehabilitation efforts, such as letters from employers, community leaders, or counselors
    • Letters of recommendation from at least three reputable individuals who can attest to your good character

    An Oklahoma pardon lawyer can help you put together your Oklahoma pardon materials.

    Step 4: Prepare a Personal Statement

    A well-crafted personal statement can significantly impact your pardon application. In your statement, describe the circumstances of your conviction, how you have changed since then, and the reasons you believe you deserve a pardon. Be genuine, honest, and sincere in your writing.

    Step 5: Submit Your Oklahoma Pardon Application

    Once your application is complete and you have gathered all required documents, submit your application to the Oklahoma Pardon and Parole Board. Be sure to keep a copy of your application and all documents for your records.

    Step 6: Attend the Pardon Hearing

    If your application is accepted for review, you may be required to attend a pardon hearing. During the hearing, you will have the opportunity to present your case to the Pardon and Parole Board. Be prepared to answer questions about your conviction, rehabilitation efforts, and why you believe a pardon is warranted.

    Step 7: Wait for a Decision

    After your hearing, the Pardon and Parole Board will make a recommendation to the governor. The governor has the final authority to grant or deny your pardon application. The decision-making process can take several months, so be prepared to wait.

    Low-cost Consultation With an Oklahoma Pardon Attorney

    Everyone deserves a second chance. If you believe you have paid your debts to society, it may be time to contact the Criminal Defense Law Firm in Tulsa. Call the Tulsa Criminal Defense Law Firm at (918) 256-3400 or use the form at the top of this page to submit your question. Whichever method you choose, a Tulsa pardon attorney will be in touch with you soon for a low-cost initial strategy session.

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    constructive possession in oklahoma

    Constructive possession is an essential concept in Oklahoma criminal law. It refers to a situation where an individual does not have direct physical control over an object, such as drugs or firearms, but is still considered to possess it under the law. This article will explore the concept of constructive possession, the elements required for the prosecution to establish it, and its implications in Oklahoma criminal cases.

    Defining Constructive Possession

    In Oklahoma, the law recognizes two types of possession: actual possession and constructive possession. Actual possession occurs when an individual has direct physical control over an object, while constructive possession arises when a person exercises indirect control over it.

    Understanding the differences between these two types of possession is crucial in criminal cases, as the nature of the possession can significantly impact the outcome.

    Elements of Constructive Possession

    To establish constructive possession in an Oklahoma criminal case, the prosecution must prove two elements beyond a reasonable doubt:

    1. Knowledge: The defendant must know about the presence of the object, whether it be drugs, firearms, or other contraband. Knowledge can be proven through direct evidence, such as admissions or witness testimony, or circumstantial evidence, like the defendant’s proximity to the object or attempts to conceal it.
    2. Control: The defendant must have the power and intent to exercise control over the object. This can be demonstrated by showing that the defendant had access to the location where the object was found, had the ability to retrieve it, or had taken steps to exercise control over it in some way. Like with knowledge, this can be established through circumstantial evidence

    Both of these elements must be proven beyond a reasonable doubt for a conviction to take place.

    Legal Consequences to Constructive Possession in Oklahoma Criminal Cases

    Constructive possession can have significant consequences in Oklahoma criminal cases, as it can lead to the same penalties as actual possession. For example, if an individual is found to be in constructive possession of a controlled substance, they may face similar charges and penalties as someone who had the drugs in their physical possession. This highlights the importance of understanding the concept of constructive possession and how it can impact criminal cases in Oklahoma.

    Initial Consultation with a Tulsa Defense Attorney

    If you find yourself facing a constructive possession charge for drugs or weapons then you are at risk for severe penalties. Convictions for constructive possession can result in substantial criminal fines, jail or prison time, and possibly even the loss of your driver’s license.

    Because the outcome of drug cases is highly influenced by state criminal legislation, if you are charged with constructive possession in Oklahoma, you should contact an Oklahoma defense attorney. A defense lawyer in Oklahoma will be familiar with Oklahoma’s constructive possession laws. He or she will also likely have a relationship with the judge and prosecutor assigned to your case, which can be important in influencing the overall outcome.

    To contract the services of an Oklahoma criminal defense lawyer, contact the Tulsa Criminal Defense Law Firm. You can reach us at (918) 256-3400 or use the contact form at the top of the site. Whatever method you choose, a defense lawyer in Tulsa will be in touch with you shortly.

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    Possession of a Firearm After Conviction of a Felony in Oklahoma
    Pulled the trigger of the shotgun. Closed and open hunting season. Hunting equipment

    A Criminal Record Restricts Your Gun Rights in Oklahoma

    Oklahoma is a Second Amendment-friendly state. However, your right to own and bear arms is not absolute and can, in fact, be revoked if you have a criminal record. In the event you commit a crime in Oklahoma, a judge may limit your right to possess or carry a firearm. Defying a court order on this is a serious offense that carries severe consequences, including lengthy prison sentences.

    Who Can Possess Firearms in Oklahoma?

    There are many exclusions to this rule but first, we’ll begin with who is included.

    As many people know, the Second Amendment guarantees the right to bear arms in the United States. However, the courts have given the states the ability to restrict this right in certain circumstances, and most states have done so to varying degrees.

    Any law-abiding person in Oklahoma over the age of 21 may possess a firearm in their home.

    Who Cannot Possess Firearms in Oklahoma?

    This is where we get into the important details. Depending on the type of felony committed, you may lose the right to either carry a firearm or possess one altogether.

    What Persons Are Disqualified From Carrying Firearms in Oklahoma?

    Being a Second Amendment sanctuary state, Oklahoma law ordinarily allows adults to openly carry as well as conceal-carry loaded or unloaded pistols and rifles – however, it specifically denies this right to convicted felons.

    But it’s not only felonies that can lose you your Second Amendment rights, but also some misdemeanors.

    Namely:

    • Domestic abuse
    • Misdemeanor stalking
    • Violating Domestic Protective Orders
    • Illegal drug use or possession under the Uniform Controlled Substances Act

    As you can see, it’s not just felonies: certain misdemeanor convictions have the effect of stripping a person in Oklahoma of their firearm rights as well.

    Possession of a Firearm After Felony Conviction in Oklahoma: Elements

    The Oklahoma legislature has delineated the following elements needed for a felony gun charge conviction in Oklahoma.

    These elements are:

    • First, knowingly and willfully;
    • Second, possessing/(having under one’s immediate control)/(having in any vehicle one operates)/(having in any vehicle in which one is riding as a passenger)/(having at the place where the defendant resides);
    • Third, any pistol/(imitation/homemade pistol)/(machine gun)/(sawed-off shotgun/rifle)/(dangerous/deadly firearm);
    • Fourth, the defendant was convicted of a felony by a state or federal court. Okla. Stat. tit. 21 § 1283

    The state needs to prove all four elements in order to obtain a felony gun charge conviction.

    Gun Charge for a Felon

    The possession of a firearm by a convicted felon is considered a violent crime in Oklahoma, and the penalties for such offenses are severe. Under Oklahoma law, the offense of possessing a firearm after a felony conviction is classified as a felony offense, punishable by up to ten years in prison and a fine of up to $10,000.

    In addition to the criminal penalties, a convicted felon may also face civil penalties, such as the loss of their right to vote or possess firearms in the future. These penalties can have a significant impact on a person’s life and can limit their ability to secure employment, housing, and other essential benefits.

    Jail Time for a Felon with Gun

    If a convicted felon is caught possessing a firearm, they will likely face significant jail time. The length of the prison sentence will depend on the severity of the offense, the defendant’s criminal history, and other factors.

    In Oklahoma, the mandatory minimum sentence for possessing a firearm after a felony conviction is two years in prison. However, if the defendant has a prior conviction for a violent offense, the mandatory minimum sentence increases to ten years in prison.

    Constructive Possession

    It is essential to note that a convicted felon may be charged with possession of a firearm even if they do not have actual physical possession of the firearm. This is known as constructive possession, and it occurs when a person has control over the firearm or has access to it.

    For example, if a convicted felon lives in a house with a firearm, and they have access to the firearm, they can be charged with possession of a firearm, even if the firearm is not physically on their person. This means that convicted felons must take great care to avoid any situation that may lead to constructive possession of a firearm.

    Initial Consultation with a Convicted Felon Gun Charge Attorney

    If you find yourself charged with a felony gun charge in Oklahoma, you need the help of experienced Oklahoma defense attorneys. The Tulsa Criminal Defense Law Firm is dedicated to aggressively defending the rights of the accused in Oklahoma courts. Contact us today at (918) 256-3400 for a initial, no-hassle, confidential consultation with a criminal lawyer in Oklahoma. Or if you prefer to correspond with a Tulsa felony defense attorney by email, click here. Whichever method you prefer, a defense lawyer in Tulsa will be in touch with you soon.

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    • Tulsa Criminal Defense Law Firm Practice Areas

      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.