Felony Defense

Burglary of an automobile in Tulsa is tried as second-degree burglary in Oklahoma. It is the less severe type of burglary as compared to first-degree burglary. However, the penalties for this crime, though less severe than those of the first-degree burglary, are still quite harsh.

Burglary Of An Automobile In Tulsa: FAQs

Breaking and entering an automobile with the intent to commit a felony is defined as the burglary of a car. Okla. Stat. tit. 21 § 1435

Burglary of a vehicle is tried the same as burglary of the dwelling house of another when there is no person present, burglary of any commercial building, any part of any building, room, booth, tent, railroad car, or any other erection or structure in which property is kept.

Breaking into an automobile can involve entering through an unlocked door. A burglar could lift a latch, break a window, or use a false key. Any act of unlawfully getting into someone else’s vehicle without permission is sufficient to meet the requirement of breaking and entering.

The prosecution must prove that once inside the vehicle, a burglar intended to commit another felony such as steal items inside the car. If a defendant successfully claims he or she broke and entered an automobile but did not intend to commit another felony while within, he or she could face the lesser charges of breaking and entering.

First-degree burglary is a more serious crime because of the threat posed to the person within when the crime occurs. The felony committed after a burglar breaks and enters in a first-degree burglary could involve hurting the person within.

Elements Of The Crime

The state must prove beyond any shadow of a doubt, the following elements of this crime to obtain a conviction on charges of automobile burglary.

• That a defendant broke into
• and entered
• an automobile
• belonging to someone else
• in which property is kept,
• to steal or commit another felony

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Penalties

Getting convicted on charges of automobile burglary can lead to a defendant spending up to seven years in prison. Okla. Stat. tit. 21 § 1436

First-degree burglary carries more severe penalties on conviction. A defendant could spend between seven and twenty years in prison if convicted.

Get Help

Are you facing charges of vehicle burglary? You could end up spending a lot of time in prison if convicted.

Having a record of conviction of a felony crime can have a significant negative impact on your life after you leave prison. Talk to a criminal defense lawyer in Tulsa, Oklahoma, to better your chances of getting an acquittal.

Our lawyers are experienced and know Oklahoma law well. Our legal experts will hear you out and propose a defense that improves your chances of getting a favorable outcome.

With serious crimes such as vehicle burglary, the state will bring out its best to obtain a conviction. Do not let the expertise of the prosecution determine your case. Let a seasoned Tulsa criminal attorney help you.

Initial Consultation: Tulsa Felony Defense Lawyer

When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa felony defense lawyer to discuss your available legal options.

Call the Tulsa Criminal Defense Law Firm at 918-756-9600.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

You need to have permission from another person to touch, maul, or feel any part of their body or private parts. If you  touch someone else lewdly and lasciviously against their will, you could be charged with sexual battery in Oklahoma.

Touching, mauling, or feeling the body of another person lewdly and lasciviously according to Oklahoma laws means that the perpetrator’s conduct is lustful and indicates they have sexual intentions.

For a defendant to face charges of sexual battery, the victim is required to be 16 years or older. The crime is treated differently if the victim is less than 16 years old.

Sexual Battery In Oklahoma FAQs

Oklahoma law describes several crimes related to sex. The law states that sexual battery is assumed to have occurred when a person lewdly or lasciviously touches, mauls, or feels the private parts or any other body part of another person who is at least 16 years old:

1. Without the consent of the person touched.
2. When committed by a person who is an employee of a state, county, municipal, or political subdivision of the State of Oklahoma or an employee of a contractor of the employers as mentioned above upon a person who is under the legal custody, supervision, or authority of the employer of the perpetrator.
3. When the victim is aged between 16 and 20 years and is a student of a public or private school or technology center, and the sexual battery is committed by a person who is 18 years of age or older and is an employee of the same school system that the victim attends. The employee could be a teacher, principal, or another duly appointed person.
4. When the victim is 19 years of age or less and is in the legal custody of a state or federal agency, or a tribal court, by a foster parent or foster parent applicant.

Okla. Stat. tit. 21 § 1123

Elements Of The Crime

The state must prove the following elements of the crime beyond a shadow of a doubt to obtain a conviction on charges of sexual battery in Oklahoma.

• That the defendant intentionally
• mauled, felt, or touched
• in a lascivious and lewd manner
• the private parts or body
• of another 16 years or older
• without the consent of the person touched.

OR

• An employee of a state, municipal, political division or an employee of a contractor of a state, county, municipal, or political division of the State of Oklahoma
• intentionally
• touched, mauled, or felt
• in a lewd or lascivious manner
• the private parts or body
• of a person aged 16 or more
• who was under the supervision, legal custody, or authority of the employer of the defendant.

OR

• A defendant 18 years or older
• employed by the victim’s school system
• intentionally
• mauled, felt, or touched
• the body or private parts
• of the victim who was aged 16 years but less than 20 years old
• and was a student or under the authority and supervision of the public or private school or technology center.

OR

• The defendant was a foster parent or a foster parent applicant and
• intentionally
• touched, felt, or mauled
• in a lewd or lascivious manner
• the body or private parts
• of a person who was 19 or younger
• when the victim was in the legal custody of a state or federal agency or tribal court.

Penalties For Sexual Battery

A person convicted on charges of sexual battery is guilty of a felony in Tulsa. Punishment for this crime is up to 10 years in prison. There is no option of a fine.

Except for defendants who must serve the rest of their lives in prison, others convicted of this crime and sentenced to serve at least two years in prison must undergo post-sentence supervision to be determined by the court. This post-sentence supervision is in addition to prison time.

If you are facing charges of sexual battery, you face an extended stay in prison if convicted. Talk to a Tulsa criminal attorney today for expert legal advice. Some defenses are forbidden for this crime, and only an experienced lawyer can determine what could work in your case.

Do not fumble around with your defense. Our criminal defense lawyers are knowledgeable and will advise on a solid argument to improve your chances of getting a favorable outcome in your case.

Initial Consultation: Tulsa Felony Defense Lawyer

When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa felony defense lawyer to discuss your available legal options.

Call the Tulsa Criminal Defense Law Firm at 918-756-9600.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

Eluding a police officer in Oklahoma and other states is glamorized in movies. But it is never so rosy in real life when a law enforcement officer gives a clear and visible sign to you to stop, but you willfully flee. If you happen to get away far enough from the officer who first stopped you, they could send out an alert. All law enforcement officers on duty in the area become aware that you are fleeing and look out for you.

A police officer does not have to use lights and a siren to give you notice that you need to pull over. A law enforcement officer could alert a driver that they should pull over by use of a bull horn, siren, flashing lights, or honking. The statute that describes the offense of eluding a police officer requires that the law enforcement officer gives sufficient notice that a motorist is supposed to pull over.

Eluding a police officer can lead to charges against you for which you could serve prison time. Also, endangering another person while eluding a police officer is a felony in Tulsa, Oklahoma.

What Is Eluding A Police Officer In Oklahoma?

A motorist is said to have eluded a police officer when they receive a signal from a law enforcement officer to pull over, but accelerates or turns off their lights in a blatant attempt to flee.

If a motorist flees from a police officer in a way that is risky to others, the escaping driver may face charges of endangering another person while eluding a police officer in Oklahoma.

A motorist faces severe charges if, as they flee, they cause an accident that causes serious bodily harm to another person.

Elements Of The Crime

The state must prove the following elements of the crime beyond a shadow of a doubt to obtain a conviction.

• A person operating a motor vehicle
• was stopped by a peace officer or a game ranger, as per the requirements of the law
• and knowing the officer’s or game ranger’s vehicle to be an official vehicle directing the driver to pull over
• willfully eluded the law enforcement officer by accelerating or turning off their lights and
• while avoiding or attempting to evade law enforcement
• caused an accident
• that resulted in great bodily harm to another person

OR

• the driver endangered another person.

Great bodily harm refers to bodily injury that creates a real risk of death or that causes severe or permanent disfigurement or protracted loss or impairment of the function of any of the victim’s body organs.

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Penalties For Endangering Another Person While Eluding A Police Officer In Oklahoma

If you endanger another person while you flee a law enforcement officer, you face stiff penalties if convicted.

You could spend between one and five years in prison, pay a fine between $1,000 and $5,000, or both. Okla. Stat. tit. 21 § 540A

If you cause actual bodily harm while eluding or attempting to elude a law enforcement officer, you could spend one to five years in prison, pay a fine of up to $5,000, or both.

If you are facing charges of endangering another person while fleeing a police officer, you must talk to a Tulsa criminal attorney immediately. Do not talk to the prosecution before you get legal representation.

Only an experienced and knowledgeable lawyer knows the law well and can advise you on what is the best course of action in your case. Find out your options by talking to a Tulsa criminal defense attorney today.

Initial Consultation: Tulsa Felony Defense Lawyer

When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa felony defense lawyer to discuss your available legal options.

Call the Tulsa Criminal Defense Law Firm at 918-756-9600.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

If you have a license and own a firearm in Tulsa, Oklahoma, do not point it at another even as a prank. You could face charges even though you did not intend to cause any harm. Feloniously pointing a firearm at another is a severe crime in Tulsa, Oklahoma, except as an act of self-defense.

The law treats the offense as a felony in Tulsa. A defendant found guilty of this crime could do a lot of time in prison.

What Is Feloniously Pointing A Firearm In Tulsa?

Two different Oklahoma statutes describe pointing a gun feloniously at another. Oklahoma laws forbid pointing a firearm or any other deadly weapon at another, whether loaded or not, for no specific reason. A person who points a gun at another other than in self-defense faces misdemeanor charges. Okla. Stat. tit. 21 § 1279

Another statute forbids:

• willfully pointing a shotgun, pistol, rifle, or any other deadly weapon at another;
• threatening to use a firearm or discharge a gun with any malice or to injure
• either through physical, mental, or emotional intimidation, or
• for purposes of whimsy, humor, prank,
• in anger or otherwise.

Okla. Stat. tit. 21 § 1289.16

However, this statute does not forbid the pointing of shotguns, rifles, or pistols by law enforcement authorities and duly licensed armed security guards in the performance of their duties.

Elements Of The Crime

The prosecutor must prove the following elements of feloniously pointing a firearm at another beyond a shadow of a doubt to get a conviction.

• Willfully
• pointing a rifle, shotgun, pistol, or deadly weapon (loaded or unloaded)
• at any person
• without lawful cause
• intending to threaten or to discharge the firearm with malice
• to injure either through physical injury or
• mental or emotional intimidation
• as a prank, humor, or in anger.

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Penalties For Feloniously Pointing A Firearm In Tulsa

The penalty for the misdemeanor offense of pointing a gun at another is 3 to 12 months in jail, a fine between $100 and $100, or both.

However, feloniously pointing a firearm at another could lead to 1 to 10 years in prison.

Also, the defendant’s firearms license could be revoked.

Get Help

If you are facing charges of feloniously pointing a firearm at another, you should talk to a Tulsa criminal attorney. Whether you are facing criminal or misdemeanor charges, getting convicted could lead to you spending a lot of time in prison.

A crime that involves spending time in prison should be treated with the seriousness it deserves. Do not talk with law enforcement or the prosecution before you speak to your lawyer. Our lawyers know Tulsa law and will work with you to improve your chances of getting a favorable outcome.

Initial Consultation: Tulsa Felony Defense Lawyer

When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa felony defense lawyer to discuss your available legal options.

Call the Tulsa Criminal Defense Law Firm at 918-756-9600.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

Possession of a firearm while in the commission of a felony is a severe crime in Tulsa, Oklahoma. It is charged separately from the crime committed or attempted to be committed while possessing a firearm. Possessing a firearm while committing a felony is treated as a felony in Tulsa.

Thus, a defendant faces charges for two felonies if he or she possessed a firearm when committing a crime.

FAQs: Possession Of A Firearm While In The Commission Of A Felony

A firearm is described in the statute as such as a rifle, shotgun, pistol, air gun, any other gas-filled weapon, any electronic dart gun, conductive energy weapon, knife, dirk, dagger, or any imitation weapon that makes the victims believe that the dangerous weapon is real. Okla. Stat. tit. 21 § 1287

It does not matter if the firearm is loaded or not during the commission of the felony or if it is a toy, as long as the dangerous weapon instills fear in the victim that it is real. That a defendant possesses it while committing a felony is sufficient to face charges.

Elements Of The Crime

The prosecutor must prove the following seven elements beyond a shadow of a doubt to obtain a conviction on charges of possessing a firearm during the commission of a felony.

• Knowing
• and willful
• possession
• of an offensive weapon as listed in Oklahoma law
• while committing or attempting to commit a felony
• that has the following specific elements
• and the possession of the firearm was connected to the commission or attempt to commit the crime.

Penalties For Possession Of A Firearm While In The Commission Of A Felony

The punishment for possessing a dangerous weapon while committing a felony is harsh. A first-time offender could spend 2 to 10 years in prison. Repeat offenders spend 10 to 30 years in prison. Okla. Stat. tit. 21 § 1287

For this crime, there is no option of a fine in lieu of incarceration.

Get Help

If you are facing charges of possessing a firearm while in the commission of a felony, you need to talk to an experienced Tulsa criminal attorney immediately. Our lawyers are seasoned and knowledgeable in Oklahoma law.

Only a lawyer who has defended many others facing charges like yours can advise you on the best way forward in your case. You do not have to engage the prosecution in court and out of court without getting expert legal advice.

The crime of possessing a firearm while committing a felony carries lengthy jail time. You could most likely land in jail if you do not have legal advice. Life after prison as a felon can drastically change for the worse. You may lose some rights, not be able to live in some neighborhoods, or work in some professions.

Initial Consultation: Tulsa Felony Defense Lawyer

When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa felony defense lawyer to discuss your available legal options.

Call the Tulsa Criminal Defense Law Firm at 918-756-9600.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.