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    What is Oklahoma’s Public Intoxication Law?

    Public intoxication arrest in TulsaAre you facing charges of public intoxication in Oklahoma?

    You need a skilled and experienced Tulsa criminal defense attorney on your side. The state has strict laws against public intoxication, and a conviction can have serious consequences, including fines, jail time, and a criminal record that can follow you for the rest of your life.

    Oklahoma law defines public intoxication as being “drunk or intoxicated in any public place or in any private place where you are found without a reasonable explanation.” This definition includes being under the influence of alcohol, drugs, or any other intoxicating substance. The key factor is that you are in public or in a private place where you are not allowed to be.

    Facts on Public Intoxication in Oklahoma

    The consequences of a public intoxication conviction can be severe. A first offense is a misdemeanor punishable by up to 30 days in jail and a fine of up to $100. A second or subsequent offense is a misdemeanor punishable by up to 90 days in jail and a fine of up to $500. In addition to these penalties, a public intoxication conviction can also result in a criminal record, which can make it difficult to find employment or housing in the future.

    Why You Need a Tulsa Criminal Defense Attorney

    If you’ve been arrested for public intoxication in Tulsa, you need an experienced criminal defense attorney on your side. The criminal justice system can be complicated and confusing, and the consequences of a conviction can be severe. A skilled attorney can help you understand your rights and options, and work to minimize the impact of the charges against you.

    A Tulsa criminal defense attorney can also help you navigate the legal system and negotiate with prosecutors to get the best possible outcome for your case. They can help you build a strong defense and present your case in the best possible light, which can be critical in avoiding a conviction or minimizing the penalties you face.

    Choose the Tulsa Criminal Defense Law Firm

    The Tulsa Criminal Defense Law Firm is a top-rated criminal defense law firm in Tulsa, Oklahoma, with a track record of success in defending clients against a wide range of criminal charges, including public intoxication. Our attorneys have years of experience in criminal law, and we know how to navigate the legal system to get the best possible outcome for our clients.

    We offer a low-cost initial consultation to all clients, so you can get the information you need to make an informed decision about your case. The Tulsa Criminal Defense Law Firm also offers flexible payment plans to help make our services more affordable and accessible to everyone.

    Our attorneys are committed to providing personalized and attentive service to each of our clients, and we will work tirelessly to defend your rights and interests. We understand the stress and uncertainty that come with criminal charges, and we are here to help you through this difficult time. If you’re facing charges of public intoxication in Tulsa, don’t wait to get the legal help you need. Contact the Tulsa Criminal Defense Law Firm today at 918-256-3400 to schedule your low-cost initial strategy session and find out how we can help you defend your rights and protect your future.

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    Assault Means To Threaten or Attempt Harm

    Charged with Assault in Oklahoma

    Among adults, conflicts and arguments can usually be resolved without angst and unrest. It doesn’t always work out that way though. Conflicts sometimes lead to heated exchanges that erupt into threats of violence. Under Oklahoma law, threatening violence against another is considered assault.

    Assault is a frequently charged criminal offense in Oklahoma. If you or a loved one has been charged with assault, it is essential to take the charge seriously and seek the help of an experienced criminal defense attorney. Oklahoma law defines assault as threatening or attempting to commit bodily injury through force or violence.

    The Tulsa Criminal Defense Law Firm has been serving clients in Oklahoma for many years and is committed to defending those who have been charged with assault. In this article, we will discuss how to defend against an Oklahoma assault charge, provide statistical facts about this charge, and explain why you need an attorney for Tulsa assault charges.

    According to the Oklahoma State Bureau of Investigation (OSBI), there were 7,971 reported assaults in the state in 2020. Of those, 3,471 were aggravated assaults, which involve the use of a deadly weapon or the intent to cause serious bodily harm. The remaining 4,500 were simple assaults, which involve less serious physical contact. The OSBI also reported that assault is the second most common violent crime in Oklahoma, behind only domestic violence.

    Defending Against an Oklahoma Assault Charge

    If you have been charged with assault in Oklahoma, there are several defenses that your attorney may be able to use to challenge the charge. Some of the most common defenses include:

    1. Self-Defense: If you were acting in self-defense or defense of others, you may be able to argue that you were justified in using force to protect yourself or others from harm.
    2. Defense of Property: If you were defending your property from an intruder or thief, you may be able to argue that you were justified in using force to protect your property.
    3. Lack of Intent: If you did not intend to cause harm to another person, you may be able to argue that the assault was accidental or unintentional.
    4. Insufficient Evidence: If the prosecution does not have enough evidence to prove that you committed the assault, your attorney may be able to challenge the charge and have it dismissed.

    An Experienced Criminal Defense Attorney is Essential

    If you have are charged with assault in Oklahoma, it is essential to seek the help of an experienced criminal defense attorney who understands the legal system and knows how to defend against assault charges. The Tulsa Criminal Defense Law Firm has a team of skilled attorneys who have a proven track record of success in defending clients against assault charges.

    By hiring an attorney from the Tulsa Criminal Defense Law Firm, you can benefit from their extensive knowledge of Oklahoma criminal law and their experience in handling assault cases. They explore a wide range of defense strategies to help you achieve the best possible outcome in your case.

    Call the Tulsa Criminal Defense Law Firm Today For a Low-cost Consultation

    If you or a loved one has been charged with assault in Oklahoma, do not wait to seek legal representation. Contact the Tulsa Criminal Defense Law Firm at 918-256-3400 to schedule a consultation with an experienced criminal defense attorney.

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    pointing a gun in oklahoma

    Oklahoma Gun Laws: Navigating the Fine Line Between Self-Defense and Felony Charges

    While it’s a Second Amendment-friendly state, pointing a gun in Oklahoma isn’t something you can do frivolously. Absent a good reason, you may face misdemeanor or even felony charges. Additionally, the act of pointing a gun at another person in Oklahoma could overlap with other criminal charges such as assault, battery, or the use of a firearm in committing a felony.

    If you have a legitimate claim to self-defense, you can avoid these charges. It’s important you know where the lines are drawn so you don’t end up facing serious consequences.

    Felony Charges for Pointing a Gun in Oklahoma

    Under Oklahoma law, pointing a firearm at another person with the intent to intimidate or threaten is considered a felony offense. The charge is known as feloniously pointing a firearm, and it is a violation of Okla. Stat. tit. 21 § 1289.16. This law applies to situations where the person knowingly or willfully points a gun or any other dangerous weapon at another person, whether the weapon is loaded or unloaded.

    Pointing a firearm in Oklahoma is considered a felony regardless of whether the victim was injured or not. If the defendant is found guilty of this crime, he or she could face up to ten years in prison, a fine of up to $10,000, or both. Furthermore, if the crime is committed in the presence of a child, the penalty could be enhanced to include an additional term of imprisonment up to ten years.

    Other Felony Crimes

    As mentioned before, there are other felony charges you could be exposed to if you are accused of unlawfully brandishing a firearm.

    These include:

    Aggravated Assault

    Attacking or trying to attack someone without a justifiable reason and with the intent to cause bodily harm is considered assault in Oklahoma. Pointing a firearm at someone could be charged as aggravated assault because it involves the presence of a weapon.

    Conviction for aggravated assault in Oklahoma is punishable by imprisonment of up to ten (10) years in the State Penitentiary or by imprisonment in a county jail not exceeding one (1) year. Okla. Stat. tit. 21 O.S. § 645

    Assault and Battery With a Dangerous Weapon

    Threatening or actually inflicting bodily harm on someone without justifiable cause while using a weapon is considered assault and battery with a dangerous weapon in Oklahoma. If you are found guilty of this offense the punishment is up to ten (10) years in the State Penitentiary or imprisonment in the county jail of up to one (1) year. Okla. Stat. tit. 21 O.S. § 645

    Reckless Conduct

    You may be charged with reckless conduct if authorities find you created a “…situation of unreasonable risk and probability of death or great bodily harm to another…” Unlike the other offenses on this list, reckless conduct is considered a misdemeanor. The range of punishment for this offense ranges from ten days to six months in the county jail.

    In addition, the Oklahoma legislature states: “Any person convicted of a violation of the provisions of this section after having been issued a handgun license pursuant to the Oklahoma Self-Defense Act shall have the license revoked and shall be subject to an administrative fine of One Thousand Dollars ($1,000.00), upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.” Okla. Stat. tit. 21 § 21-1289.16

    If you find yourself charged with this crime, contact an Oklahoma misdemeanor defense attorney.

    Use of Firearm in Committing a Felony

    This charge is typically brought against a person who uses or carries a firearm during the commission of a felony offense. The penalty for this crime upon first offense is imprisonment in the custody of the Department of Corrections for no less than two (2) years and not more than ten (10) years. Conviction for a subsequent offense yields a minimum period of ten (10) years imprisonment, possibly extending up to thirty (30) years or more. Okla. Stat. tit. 21 O.S. § 1287

    It should be noted that the penalty for this crime stacks on top of whatever felony you are found guilty of committing.

    Pointing a Gun in Self-Defense

    The Oklahoma legislature recognizes the right to self-defense, which includes the possible use of a firearm.

    To be able to claim self-defense for pointing a gun in Oklahoma, you’ll need to prove that:

    • You were in reasonable fear of yourself or another suffering loss of life or great bodily harm;
    • The person against whom you pointed your firearm was in the process of forcibly entering your home, church, place of business, or occupied vehicle.

    If your pointing a gun in Oklahoma is proven to be self-defense, you will be immune from criminal prosecution. Okla. Stat. tit. 21 O.S. § 1289.25

    Initial Consultation with a Tulsa Defense Attorney

    Being charged with an offense involving pointing or brandishing a weapon at someone is serious. Not only could you potentially face years or decades in prison, you may also be open to civil liability for any damages or injuries to the plaintiff. However, if you can prove that you were acting in self-defense and your actions were reasonable under the circumstances, you may be able to avoid criminal charges. The best way to do this is with the help of an experienced Oklahoma defense attorney.

    A defense lawyer in Oklahoma will be familiar with Oklahoma laws surrounding the handling of firearms. 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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    Trespassing in Oklahoma – What You Need to Know:

    trespassing in OklahomaOklahoma is a beautiful state with lots of nature to enjoy, but you need to be careful of how you do so, or you may be charged with trespassing. Trespassing in Oklahoma is a misdemeanor that can lead to fines, jail time, or both.

    If you want to avoid this situation, or are already charged with this and need an Oklahoma Misdemeanor Defense Attorney, read on.

    Posted Property

    Oklahoma law defines trespassing as “willfully or maliciously” entering the “garden, yard, pasture or field of another after being expressly forbidden to do so or without permission by the owner or lawful occupant…”

    When such property is “posted” – if there are no-trespassing signs – the penalty is a fine of up to $250. Aside from the trespass itself, any act of waste, theft, or damage committed can lead to additional fines of between $50 to $500, jail time ranging between 30 days to six months, or some combination thereof.

    Example language for no-trespasssing signs can include:

    • “PROPERTY RESTRICTED”
    • “POSTED – KEEP OUT”
    • “KEEP OUT” or,
    • “NO TRESPASSING”

    Oklahoma law states these signs must be placed “conspicuously.” That means they should be posted at any entry ways to the property people may be reasonably expected to enter. Okla. Stat. tit. 21 § 1835

    Unposted Property

    There doesn’t, however, always need to be signs posted for unauthorized entry to result in trespassing charges. Trespassing is unlawful on certain unposted property.

    There are several examples of unposted property, each of which carries a different monetary fine for trespassing:

    • Pecan Groves  – Entering a pecan grove without permission can result in a fine of up to $25
    • Grand River Dam Authority – Entering property owned or managed by the Grand River Dam Authority can lead to a fine of up to $250
    • Governor’s Mansion – Entering the Governor’s Mansion or its grounds without permission can lead to a fine of up to $500

    As stated before, any acts of theft, waste or damage committed while entering these properties can bring additional fines of between $50 to $500, a 30-day-to-six-month jail sentence, or some combination thereof.

    Implied Consent as a Possible Defense

    Private property will often have no-trespassing signs. If those signs are posted and prominently displayed, you will have a hard time defending yourself from a charge of trespassing, as your presence was expressly forbidden.

    The absence of such signs does not necessarily in itself imply consent for your presence on the property. However, a Tulsa Trespassing Defense Attorney can help you explore that as a possible defense in your case. Okla. Stat. tit. 21 § 1835.5

    Recreational Trespass

    Many people in Oklahoma enjoy off-roading with dirt bikes or ATVs. However, doing so on the wet, muddy roads of someone’s private property can be charged as “mud-bogging” under Oklahoma’s recreational trespass law. You don’t even need a vehicle to be charged with recreational trespassing – even leaving a gate open or littering is sufficient.

    Penalties for recreational trespass include a fine of up to $250, 10 days in jail,  or both. A second offense carries the same fine, plus 20 days in jail. Further offenses can lead to  jail time of up to six months, plus more fines.

    If you drive your vehicle on private property in a way that endangers others, you may be charged with an enhanced version of this offense called aggravated recreational trespass. This could result in a $500 fine, one year in jail, or both.

    Shopkeeper Bans

    According to Oklahoma law, if you have been convicted of a crime on the property such as shoplifting, vandalism, or disturbing the peace, a person such as a shopkeeper or any other professional who runs a business may bar you from entering the premises. The ban must be communicated to you by a shopkeeper.

    If you willfully enter or remain on the property after being notified, you may be charged with trespass. The court may sentence you to up to 30 days in county jail, $250 in fines, or both.

    Low-cost Consultation With a Tulsa Trespass Defense Attorney

    If you have more questions about trespassing in Oklahoma or find yourself charged with this offense, an Oklahoma trespass defense attorney from the Tulsa Criminal Defense Law Firm can help. Call (918) 256-3400 for a low-cost initial strategy session. You can also click “Start My INITIAL Consultation” if you prefer.

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    What is careless driving?

    tulsa careless driving attorneyWhen people are driving, whether on streets or highways, they’re expected to be respectful of other drivers in the way they maneuver their vehicle. That includes driving at a proper speed. Oklahoma law states that “any person driving a vehicle on a highway shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the highway and any other conditions then existing” (Okla. Stat. tit. 47 § 11-801). Failure to comply with this standard is considered careless driving.

    The law also specifies that “no person shall drive any vehicle upon a highway at a speed greater than will permit the driver to bring it to a stop within the assured clear distance ahead.” Careless driving is directly related to speed.

    While it can mean going too slow, most people are going to get in trouble for going too fast.

    Reasonable and Proper with Due Regard

    careless driving attorney tulsaSome of the wording in the statute is subjective. For example, prudent might mean something different depending on who you ask. Different police officers may have different ideas for what is a prudent speed.

    Prudent means exhibiting care and thought for the future. A prudent speed is neither too fast nor too slow. It allows you to move with the flow of traffic while also retaining the ability to come to a stop without running into anything.

    How would you define reasonable and proper in this case? It could mean not driving so fast that you lose your ability to slow down and stop safely. It could also mean not driving so slow that you hold up traffic or risk getting hit.

    Another aspect of careless driving is a lack of regard for road conditions. This could mean driving too fast or slow for traffic. It could also be driving erratically, such as by making zig-zags. Also, if there is ice on the road or it’s raining, it’s careless to disregard those conditions.

    Driving without regard for other drivers, road conditions, or weather is careless driving.

    Points on Driver’s License

    attorney careless driving tulsaCareless driving is a traffic offense that gets you points on your driver’s license. These points add up and could result in a suspension of your license, along with fees. You get two points for careless driving. While that’s more severe than one-point violations, it’s not as bad as a four-point violation such as reckless driving.

    Reckless driving and careless driving are two different things. While speeding can get you a ticket for either violation, reckless driving technically requires “driving in a careless or wanton manner without regard for the safety of persons or property” (Okla. Stat. tit. 47 § 11-901).

    If you’ve been charged with reckless driving, a skilled Tulsa defense attorney may be able to help you get the charge reduced to careless driving. If you’ve been charged with careless driving, you need a traffic ticket attorney who will fight to get the charge dropped.

    Penalties for Careless Driving

    Speeding has different fines depending on how much you go over the speed limit. The initial fine may have other costs and fees added later on.

    • 1-10 mph over: $5
    • 11-15 mph over: $20
    • 16-20 mph over: $35
    • 21-25 mph over: $75
    • 26-30 mph over: $135
    • 31-35 mph over: $155
    • 36+ mph over: $205

    Instead of a fine, you could spend up to 10 days in jail. If you’re convicted twice in one year, you could spend up to 20 days in jail. For a third conviction in one year, you could spend up to six months in jail instead of or in addition to a fine.

    Your best bet for avoiding expensive fines and jail time is to hire a Tulsa attorney with expertise handling traffic tickets.

    Initial Consultation with a Tulsa Defense Attorney

    If you’ve been charged with careless driving, an attorney from the Tulsa Criminal Defense Law Firm can offer a rock-solid defense. For a low-cost initial strategy session, call (918) 256-3400. You can also click “Start My INITIAL Consultation” at the top of the page.

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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.