Misdemeanor Defense

Driving without a license in Oklahoma is an automatic crime, no matter why you were you driving without your license.

If you are charged with this crime in Tulsa, you will be required to appear before a judge and state your case.

If convicted, you can face fines or even jail time.

The Crime of Driving Without a License in Oklahoma

Even if you aren’t driving dangerously, driving without a license in Oklahoma is still a criminal offense. (Ok. Stat. Tit. 47. Sec 6-303).

However, if you can produce a copy of a valid driver’s license on or before your court date, your charges will be dropped and you will not be required to pay a fine.

Punishment for Driving Without a License in Oklahoma

Any person caught driving with a canceled, suspended or denied license can be charged with a misdemeanor crime and upon conviction shall be punished by a fine:

1. For a first conviction, of not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00);

2. For a second conviction, of not less than Two Hundred Dollars ($200.00) and not more than Seven Hundred Fifty Dollars ($750.00); or

3. For a third and subsequent conviction, of not less than Three Hundred Dollars ($300.00) and not more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than one (1) year or by both such fine and imprisonment.

Each act of driving on the highways as prohibited shall constitute a separate offense.

Initial Consultation: Tulsa Criminal Defense Lawyer

A charge of driving without a license in Oklahoma can result in personal inconveniences, financial setbacks, and even impact your work.

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 Wirth Law Office – Tulsa, call today at (918) 913-0725, 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.

All trials require evidence to successfully go forward. Anyone who violates the destruction of evidence law in Tulsa, Oklahoma may face serious consequences.

Although destruction of evidence is only a misdemeanor crime, you can still serve up to one year in the county jail if convicted.

If you or someone you know has been charged under the destruction of evidence law, contact an experienced misdemeanor defense attorney today.

Proving the Crime Under Destruction of Evidence Law

In order to secure a conviction, a prosecutor must prove each of four elements of the crime beyond a reasonable doubt. These elements are as follows:

First, that the defendant acted willfully and;

Second, destroyed any book/paper/record/(instrument in writing)/ matter/thing;

Third, knowing it was about to be produced in evidence at any trial/proceeding/ inquiry/investigation authorized by law;

Fourth, with the intent to prevent the book/paper/record/(instrument in writing)/matter/thing from being produced.

Initial Consultation: Tulsa Criminal Defense Lawyer

A charge under Tulsa destruction of evidence law can result in personal inconveniences, financial setbacks and even impact your ability to make a living.

If you or someone you know faces this charge, please contact a Tulsa criminal defense attorney to discuss your available legal options.

Consult with an experienced attorney at The Wirth Law Office – Tulsa today by calling 918-913-0725, 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.

Sometimes you may feel the law isn’t always on your side and you may be defiant towards officers who interact with you. However, behaving this way may result in a misdemeanor charge of obstructing an officer Oklahoma.

Defining “Obstruction”

Generally, Oklahoma law defines this crime as “willfully delaying or obstructing any public officer in the discharge or attempt to discharge any duty of his office.”

Use of physical force is not required, and a defendant can still be charged with obstruction just by using words alone.

Punishment for Obstructing an Officer Oklahoma

Obstructing an officer Oklahoma can result in a misdemeanor charge, which usually carries a fine, up to a year in jail, or both. Misdemeanors almost never result in more than a year in jail time. However, a misdemeanor conviction of any type could have a serious impact on someone’s future.

In order to secure a conviction for obstructing an officer, a prosecutor will need to prove that a defendant acted willfully in obstructing an officer. He also must prove the accused was aware that he was an officer trying to complete his duties.

Therefore, the prosecutor must present evidence that the defendant acted with the intention to obstruct an officer. This can be difficult, as the prosecution must prove this beyond a reasonable doubt.

Initial Consultation: Tulsa Criminal Defense Lawyer

A charge of obstructing an officer Oklahoma can result in personal inconveniences, financial setbacks and even impact your work.

If you or someone you know faces this charge, 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 918-913-0725, 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.

An accusation that you’ve made obscene threats or otherwise committed harassment by telephone can mean serious consequences.

Although the first time you are charged with this crime is a misdemeanor, a conviction can have adverse affects on your life, including imprisonment of up to one year.

If this is your second time being accused of this crime, you can face more than one year in prison.

What you Have Been Accused of

 

The crime of obscenity, threats or harassment by telephone is very broad and encompasses a wide range of behavior. Oklahoma criminalizes anyone who does any of the following (Ok. Stat. Tit. 21 Sec. 1172):

1. Makes any comment, request, suggestion, or proposal, which is obscene, lewd, lascivious, filthy, or indecent.
2. Makes a telecommunication or other electronic communication with intent to terrify, intimidate or harass, or threaten to inflict injury or physical harm to any person or property of that person.
3. Makes a telecommunication or other electronic communication, whether or not conversation ensues, with intent to put the party called in fear of physical harm or death.
4. Makes a telecommunication or other electronic communication, whether or not conversation ensues, without disclosing the identity of the person making the call or communication and with intent to annoy, abuse, threaten, or harass any person at the called number.
5. Knowingly permits any telecommunication or other electronic communication under the control of the person to be used for any purpose prohibited by this section.
6. In conspiracy or concerted action with other persons, makes repeated calls or electronic communications or simultaneous calls or electronic communications solely to harass any person at the called number(s).

Proving the Crime of Harassment by Telephone 

If charged with making obscene threats or harassment by telephone, the prosecutor will accuse you of engaging in one of the above behaviors.

In particular, the prosecutor will need to prove that you acted with the intent to threaten or harass the other person.

The prosecutor must also prove that your conduct met the definition of the accused behavior (i.e. that your comments were actually obscene or indecent.)

Initial Consultation: Tulsa Criminal Defense Lawyer

A charge of making an obscene threat or harassment by telephone 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.

 

Shoplifting is a crime that is formally called “Larceny of Merchandise from Retailer.” Although it may seem like a small crime, larceny from a retailer in Oklahoma can cause big legal problems if you get caught.

Proving Larceny from a Retailer in Oklahoma

To prove that someone committed larceny from a retailer in Oklahoma, a prosecutor must prove each of the following elements beyond a reasonable doubt:

First, taking;

Second, carrying away;

Third, merchandise;

Fourth, from a retailer/wholesaler;

Fifth, valued at [dollar amount];

Sixth, by fraud/stealth;

Seventh, with the intent to deprive permanently.

Therefore, a prosecutor must not only prove that a defendant removed an item from the store, but also that he intended to keep it.

Someone who unknowingly took an item, therefore, may raise the defense that she did not intend to deprive the store of the merchandise.

Punishing Larceny from a Retailer

A first time offender who has stolen goods valued at less than $500 will face a misdemeanor charge. A conviction carries a fine between $10 and $500 and up to 30 days in the county jail.

However, if a first time offender is charged with stealing goods valued between $500 and $1,000, he may be found guilty of a felony. Consequently, she can serve up to one year in the county jail and will be required to pay $5,000 in fines.

A second time offender, on the other hand, will face between 30 days and one year in prison and up to $1,000 in fines.

Anyone who has been charged with larceny from a retailer in Oklahoma three or more times faces between two and five years in the state penitentiary.

Finally, anyone (regardless of whether he has committed the crime before or not) who steals any goods valued at more than $1,000 will face between one and five years in the state penitentiary.

Initial Consultation: Tulsa Criminal Defense Lawyer

A charge of larceny from a retailer in Oklahoma can result in a misdemeanor or felony conviction, which can mean between one and five years in prison.

If you or anyone 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 today at The Wirth Law Office – Tulsa. Call 918-913-0725, or toll-free at 1-888-447-7262 (Wirth Law).