Misdemeanor Defense

In Oklahoma, once an order of protection has been issued against you any contact with the person who requested the order – even if seemingly innocent – may constitute a protective order violation Tulsa.

Consequently, you can be charged with a crime.

What is a Protective Order Violation Tulsa?

Once you have been given notice of a protective order, you will not be allowed to come within a specified distance of the person who requested the order, you will not be allowed to contact that person in any way, and will not be allowed to have others contact the person on your behalf.

There are two types of protective orders in Oklahoma: an emergency ex parte order of protection and a final or permanent order of protection.

Ex parte orders are generally issued temporarily until the hearing for the final of permanent order of protection and can be issued without one of the parties being present.

Any protective order violation Tulsa is a potentially serious legal matter.

Possible Penalties

A protective order violation Tulsa is a misdemeanor crime punishable by a fine of up to $1,000, up to a year in jail, or both.

A second or subsequent protective order violation Tulsa is a felony crime. It is punishable by one to three years in prison, a fine between $2,000 and $10,000, or both.

Violation of a protective order, which results in physical injury or physical impairment to any other person named in the protective order:

• Upon conviction of a first offense, is guilty of a misdemeanor crime punishable by 20 days to a year in prison and a fine up to $5,000.
• A second or subsequent violation of a protective order, which results in physical injury or physical impairment, is a felony punishable by one to five years incarceration, a fine between $3,000 and $10,000, or both.

Additional Considerations

For any violation of a protective order, a defendant may also be required to undergo the treatment or participate in the counseling services necessary to bring about the cessation of abuse, stalking, or harassment of the victim.

The court may order a defendant to use an active, real-time, 24-hour Global Positioning System (GPS) monitoring device as a condition of a sentence.

The court may further order the defendant to pay costs and expenses related to the GPS device and monitoring. Okla. Stat. tit. 21 § 60.6

Initial Consultation: Tulsa Criminal Defense Attorney

If you or someone you know is accused of violating a protective order in Oklahoma, please contact a Tulsa criminal defense attorney to discuss your available legal options.

Consult with an experienced attorney at Wirth Law Office – Tulsa today by calling 918-756-9600 or toll free at 1-888-447-7262 (Wirth Law).

You can also send a question or brief message through this website.

The unauthorized use of a credit card in Oklahoma can result in serious consequences in Tulsa.

In Oklahoma, anyone that is in use or possession of a credit card that is not issued to him/her is presumed to have stolen the card and can be found guilty of a felony crime. This presumption, however, can be overcome with the assistance of a Tulsa criminal defense attorney.

Credit Card Defined

A credit card is a card or device issued to a person, firm. or corporation by a business organization, which permits such person, firm, or corporation to purchase or obtain goods, property, or services on the credit of such organization. Okla. Stat. tit. 21 § 1550.1

What is Unauthorized Use of a Credit Card in Oklahoma?

Any person knowingly using or attempting to use a credit card without the owner’s consent to obtain credit, purchase goods, property or services, obtain cash or transfer funds that was not issued to him or her, has been revoked or cancelled, or is false, counterfeit, or nonexistent, in person, on the phone, or over the internet has committed unauthorized use of a credit card in Oklahoma. This is a misdemeanor crime.

Penalties for Unauthorized Use of a Credit Card in Oklahoma

If the amount fraudulently obtained is less than $500: Punishable by a fine of up to $500, imprisonment for up to 30 days, or both.

If the amount fraudulently obtained is more than $500: Punishable by a fine of between $500 and $1,000, imprisonment for up to a year, or both. Okla. Stat. tit. 21 § 1550.2

Theft of a Credit Card

Taking a credit card from someone else without the cardholder’s consent or receiving a credit or debit card that you know has been stolen; with the intent to use it or sell it, is a felony crime.

A person who has in his possession or under his control any credit card is presumed to have taken or stolen the card. Okla. Stat. tit. 21 § 1550.22

Penalties for Credit Card Theft in Tulsa

Theft of a credit card is a felony offense. This is punishable by a fine of up to $3,000, imprisonment for up to three years, or both. Okla. Stat. tit. 21 § 1550.33

Initial Consultation: Tulsa Criminal Defense Attorney

If you or someone you know is accused of unauthorized use of a credit card in Oklahoma, please contact a Tulsa criminal defense attorney to discuss your available legal options.

Consult with an experienced attorney at Wirth Law Office – Tulsa today by calling 918-756-9600 or toll free at 1-888-447-7262 (Wirth Law).

You can also send a question or brief message through this website.

Even if no one was injured, you can be charged with assault and battery Tulsa, Oklahoma. Assault in Oklahoma doesn’t require actual injury, just that the victim reasonably felt apprehension of injury.

Assault and battery Tulsa is generally a misdemeanor crime. However, depending on the injury caused, the identity of the victim, and the type of weapon that was used you could face serious felony charges in Tulsa.

What is Assault and Battery Tulsa?

Although assault and battery are separate distinct crimes, in order to understand an assault charge we must understand a battery.

Assault is always a lesser-included offense of battery, but the converse is obviously not true. (Parks v. State, 14 Okl. Cr. 413, 171 P. 1129 (1918) )

An assault is defined as any willful and unlawful use of force or violence upon the person of another. Okla. Stat. tit. 21 § 641

A battery is a harmful or offensive touching, for example, hitting or spitting on someone.  A battery requires actual contact, while assault does not.

Assault is defined as an attempted battery, as well as an intentional placing of another in apprehension of receiving an imminent battery. However, an oral threat alone, without an overt act, is insufficient to constitute an assault.

Making a fist with your hand and moving it in a striking motion is an assault. Actually making contact and hitting someone can be treated as an assault and battery Tulsa.

Possible Penalties

Assault is generally a misdemeanor crime punishable by up to 30 days in jail, a $500 fine, or both. However, if the assault ended in a battery, you may be charged with both assault and battery Tulsa.

Assault and battery is punishable by 90 days in jail, a fine of $1,000, or both.

Assault and battery against a spouse is punishable by a year in jail, up to $5,000 in fines, or both. Okla. Stat. tit. 21 § 644

Aggravated assault and battery Tulsa is punishable by one to five years in prison, a $500 fine, or both. Okla. Stat. tit. 21 § 647

Initial Consultation: Tulsa Criminal Defense Attorney

If you or someone you know is accused of assault and battery Tulsa, please contact a Tulsa criminal defense attorney to discuss your available legal options.

Call Wirth Law Office – Tulsa today at 918-756-9600 or 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.

All violations of the Oklahoma Computer Crimes Act in Tulsa can carry fines or jail time. All violations must be willful and without authorization, and apply to computers, computer systems, and networks.

Proof that any person has accessed, damaged, disrupted, deleted, modified, altered, destroyed, caused to be accessed, copied, disclosed or taken possession of a computer, computer system, computer network, or any other property, or has attempted to perform any of many enumerated acts without authorization or exceeding the limits of authorization, shall be evidence of the willful violation of the Oklahoma Computer Crimes Act. Okla. Stat. tit. 21 § 1954

In Tulsa, some violations of the Oklahoma Computer Crimes Act are misdemeanor crimes, but most of the violations are felony offenses.

FAQ: Oklahoma Computer Crimes Act Violations

Misdemeanor offenses include:

1. Gaining or attempting to gain access a computer, system or network without authorization with the intent to damage, delete, destroy, modify, alter, copy, disclose, or take possession;
2. Using or allowing the use of a computer service without authorization;
3. Using a computer, computer system, or computer network to abuse, threaten, harass, or annoy another individual.

Felony violations of the Oklahoma Computer Crimes Act include:

1. Internet fraud or use with the purpose of devising or executing a scheme or artifice with the intent to defraud, deceive, extort, or for the purpose of controlling or obtaining money, property, services, or other thing of value by means of a false or fraudulent pretense or representation;
2. Assisting in providing a means of accessing a computer;
3. Computer sexual exploitation;
4. Copyright violations such as illegally downloading music;
5. Hacking or disrupting or causing the disruption of computer services or denying access to an authorized user by the development and distribution of viruses, spyware, and malware;
6. Using a computer to put another person in fear of physical harm or death.

OUJI-CR 5-130

Penalties Under the Oklahoma Computer Crimes Act

Conviction of a misdemeanor computer crime in Tulsa is punishable by up to 30 days in jail and up to $5,000 in fines.

Oklahoma computer crime felonies are punishable by up to 10 years in jail and fines between $5,000 and $100,000. In addition, those convicted can be subject to civil liability for compensatory damages and attorneys’ fees. Okla. Stat. tit. 21 § 1955

Storing, communicating, and retrieving data for the purpose of using the access to violate the statute is a felony crime. This is punishable by up to five years in prison, a fine of up to $5,000, or both. Okla. Stat. tit. 21 § 1953

Initial Consultation: Tulsa Criminal Defense Attorney

If you or someone you know is accused of violating the Oklahoma Computer Crimes Act, please contact a Tulsa criminal defense attorney to discuss your available legal options.

Consult with an experienced attorney at Wirth Law Office – Tulsa today by calling 918-756-9600 or toll free at 1-888-447-7262 (Wirth Law).

You can also send a question or brief message through this website.