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    Audrey Howitt

    Penalties for harboring a fugitive in Tulsa lawyerWe all want to help a loved one who is in trouble with the law. And there are good ways to do it — and bad ways. If a loved one is running from the law and you hide them, not only will that person add to their problems, but you, too, could be in trouble. Here is what you need to know about harboring a fugitive in Tulsa.

    What Does Oklahoma Say About Harboring a Fugitive?

    In Oklahoma, it is against the law to knowingly conceal a wanted criminal from law enforcement authorities. Harboring a fugitive who has committed a misdemeanor is treated very differently than harboring a fugitive who has committed a felony. And while a conviction could mean jail time in either case, harboring a fugitive who has committed a felony could land in you prison for years.

    Oklahoma law states that it is against the law to knowingly and willfully conceal or harbor a person who is either charged with or convicted of a misdemeanor. To do so is a misdemeanor. Okla. Stat. tit. 21 § 439.

    Harboring a fugitive who has committed a felony is a serious crime in Oklahoma. Knowingly engaging in any act that may aid a fugitive escape arrest or flee from justice is against the law. This can include feeding them, providing clothing or money, giving them weapons, hiding them, or giving them a a place to stay. Doing so opens you to a possible felony conviction, punishable by up to 10 years in prison. Okla. Stat. tit. 21 § 440.

    The statute is broadly written. Just about any help that you give can be construed to be against the law. In addition, a fugitive is broadly construed to include not only a convicted criminal, but also someone who is trying to evade arrest, or even someone who has been bailed out of jail and who wants to escape. Helping them in any way could get you into trouble.

    This may happen in families and among friends more often than we think. It can be an excruciatingly difficult choice to make when a grown child or a boyfriend knocks on your door in the middle of the night seeking help. We may feel the taboo against turning against one’s family. But whether it is helping a child evade arrest, or a boyfriend flee the jurisdiction to avoid prosecution on drug charges — or cleaning up after a parent’s crime rather than calling the police — you could face criminal charges if you get involved.

    Lack of Knowledge May be a Defense

    The statute requires that you knowingly harbor the fugitive. That means that at the time you give aid, you do so knowing that the person you are aiding has committed a crime and that he or she is a fugitive. If you help without this knowledge, you may have a viable defense to the crime. This is a matter to discuss with an experienced Tulsa criminal defense attorney. An experienced attorney will know how to help you construct a good defense.

    Initial Consultation: Tulsa Criminal Defense Lawyer

    We know how to handle these types of cases. Call us today at the Tulsa Criminal Defense Law Firm at (918) 256-3400 for a no-hassle, confidential consultation. If you prefer, we can call you or reach you by email, click here to ask your questions via the online consultation request form.

    Audrey Howitt

    severe penalties sexual communication with minor oklahomaIn Oklahoma, all sex crimes involving minors are treated seriously. A sex crime conviction can change your life. Here are some things that you might want to know about the crime of sexual communication with a minor in Oklahoma.

    What is a Sexual Communication With a Minor?

    Communication, in general, can happen in so many ways in this day and age. There are face-to-face communications, electronic communications, letters, notes, phone calls. New apps like Snapchat make communication easy and quick.

    There are two main statutes that prosecutors use to charge soliciting sexual communication with a minor.

    Under Oklahoma law, it is a felony to make a lewd or indecent proposal, or to ask that a child under the age of 16, to engage in sexual conduct or sexual activity. Okla. Stat. tit. 21 § 1123. It makes no difference whether this communication takes place in person or through the use of technology.

    If you are convicted, penalties are severe and include prison terms from three to 20 years if the child is under 16, and at least 25 years if the child is under 12. Subsequent convictions could mean a life sentence in prison without the possibility of parole. Okla. Stat. tit.21 § 1123.

    The other statute frequently used by prosecutors is aimed at sexual communications with a minor through the use of technology. It is against the law to facilitate, encourage, offer or solicit any sort of sexual conduct for sexual or prurient interest with a minor or a person who is believed to be a minor through the use of any sort of technology.

    This can include apps like Snapchat, texting, cell phones, computers — virtually any sort of technological device, program or app. Okla. Stat. tit. 21 § 1040.13a.

    Knowingly transmitting, printing, publishing, reproducing, buying, receiving, exchanging, or disseminating a prohibited communication is against the law. It is also against the law to knowingly disseminate any information that can lead another person to be able to access or locate a minor. That can include a cell phone number, name, address or physical characteristics. Okla. Stat. 21 § 1040.13a.

    This statute covers all minors, even those who are 16 and 17 years of age. If the defendant is an adult and is having sexual communications, such a “sexting,” with a 17-year-old minor, the defendant could be convicted under this statute.
    This a felony in Oklahoma and is punishable by prison for a term up to 10 years, or a fine up to $10,000, or both. Each communication is considered to be a separate offense and will allow a prosecutor to ask for more severe penalties.

    Sex Offender Registration

    A conviction under either of these statutes is a sex crime conviction and will require that the defendant register as a known sex offender. This can be the most difficult part of the penalty for either crime. This can affect a person’s ability to work and will affect where a defendant may live.

    If you are being charged with either crime, don’t try to go it alone. Help is a phone call away.

    Initial Consultation: Tulsa Criminal Defense Lawyer

    Call us today at the Tulsa Criminal Defense Law Firm at (918) 256-3400 for a no-hassle, confidential consultation. If you prefer, we can reach out to you by calling or via email. Click Click here to ask your questions via the online consultation request form.

    Audrey Howitt

    We want to protect our minors and teach them to respect the law. Enabling a child to break the law is one definition of contributing to the delinquency of an Oklahoma minor. In Tulsa, doing so is a crime. deliquency

    In Oklahoma, it is against the law to knowingly or willfully cause, aid, abet, or encourage a minor to become a delinquent child. Okla. Stat. tit. 21 § 856. This is a broad statute that includes any action or encouragement of delinquency, including helping a child smoke, drink, or engage in any other illegal act.

    Contributing to the delinquency of an Oklahoma minor also includes willfully or knowingly encouraging or aiding a child to become involved in gang activities, to join a gang, and to associate with any gang or gang member with regard to criminal activities of any sort. Contributing to the delinquency of a minor also includes aiding or abetting a child who is running away from home.

    Runaway Children

    A runaway child as an unemancipated minor who voluntarily leaves home without a compelling reason, without consent, and without the parent’s knowledge. Helping such a child run away from home, absent compelling reason is contributing to the delinquency of a minor in Oklahoma.

    Compelling reasons may include imminent danger from incest, a life-threatening situation, or equally traumatizing threat to the child’s physical, emotional, or mental health. Okla. Stat. tit. 21 § 856.

    If you help a child in such danger, you must notify the Department of Human Services or local law enforcement of the child’s location within 12 hours.

    Helping a child break the law can lead that child to increased risk of repeat offenses both as a minor and as an adult. As such, contributing to that child’s delinquency is a serious offense in Oklahoma.

    Specific Delinquent Acts Involving a Minor

    A minor is a child under 18 years of age in Tulsa. Helping or enabling a child to engage in any of the following activities constitutes contributing to a child’s delinquency:

    • Associating with criminals or immoral persons.
    • Attending a brothel.
    • Attending casinos or other places which feature gambling.
    • Taking a child to a bar or other place where alcohol is manufactured, stored, or sold, or being engaged in the use of or sale of alcohol.
    • Exposing a child to, or involving a child in any pornography.
    • Engaging in indecent or lewd exposure or other sexual acts for any purpose, including the preparation of child pornography.
    • Helping a child runaway from his or her parent or legal guardian.
    • Helping a child engage in any sort of illegal drug activity is also against the law. Okla. Stat. tit. 21 § 857.

    Penalties for Contributing to the Delinquency of a Minor Can Be Severe

    Penalties are varied for this crime and can increase with subsequent convictions and the type of activity involved.

    A first offense is a misdemeanor punishable by a jail term of as much as one year. And you could be fined as much as $1,000. A second offense is a felony punishable by a jail term as many as three years. And you could be fined as much as $5,000. Okla. Stat. tit. 21 § 856.

    If the crime committed by the child would be a felony if committed by an adult, any adult who enables the crime can receive the maximum sentence for that felony. Okla. Stat. tit. 21 § 856.

    Initial Consultation: Tulsa Criminal Defense Attorney

    A criminal conviction can change your life. Get the help you need. Contact a Tulsa criminal defense attorney to discuss your available legal options if you are charged with this or any other crime. The first consultation is low-cost.

    Consult with an experienced attorney at the Tulsa Criminal Defense Law Firm today, by calling 918-756-9600 or toll-free at 1-888-447-7262.

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

    Audrey Howitt

    Oklahoma has a number of statutes with deal with various kinds of assault and battery, from simple assault and battery, to assault and battery with a dangerous weapon, to aggravated assault and battery with a dangerous weapon. Each of these crimes can be serious and depending on the circumstances. If convicted, you could face serious jail time. Here is what you might want to know if you are facing charges for aggravated assault with a dangerous weapon. aggravated assault and battery with a dangerous weapon

    Aggravated Assault and Battery With a Dangerous Weapon

    In Oklahoma, assault with a dangerous weapon is defined as committing an unjustifiable assault, battery, or an assault and battery upon another person with any sharp or dangerous weapon (like a firearm, air gun or conductive energy weapon), or by any other means, with the intent to injure that person, but not to kill that person, or to commit any felony. Okla. Stat. tit. 21 § 645.

    Assault and battery with a dangerous weapon requires that the assailant use either a sharp or dangerous weapon or a firearm. Okla. Stat. tit. 21 § 645. Even everyday items such as a beer stein can be a dangerous weapon if used in such a way as to cause great bodily injury.

    In Oklahoma, aggravated assault and battery is defined as an assault upon another person in which the victim suffers great bodily injury or an assault by a perpetrator who is physically strong or in robust health against a victim who is elderly, or otherwise incapacitated. Okla. Stat. tit. 21 § 646. This can be done with or without a dangerous weapon.

    While a simple assault is an attempt or threat of violence, a battery is the forceful or violent contact with another which can cause injury. When you start adding weapons to an assault and battery the injuries to the victim can escalate quickly. Adding a baseball bat for instance, can cause a victim to suffer great bodily injury or even death if the bat is swung with enough force. That is a perfect example of aggravated assault and battery with a dangerous weapon.

    Penalties

    Assault with a dangerous weapon is a felony offense, and can land you in jail for as many as 10 years on a first offense. If the assault occurs with a deadly weapon, you could face life in prison. Aggravated assault carries a penalty of as many as five years in prison or as much as one year in county jail. And you could be fined as much as $500. Okla. Stat. tit. 21 § 646. If you are convicted of aggravated assault and battery with a deadly weapon, you will have to serve at least 85 percent of your sentence before you will become eligible for parole.

    If you are facing charges for aggravated assault with a dangerous weapon, every fact in your case may be important. Discuss this with an experienced Tulsa criminal defense lawyer as soon as possible.

    Initial Consultation: Tulsa Criminal Defense Lawyer

    Get the help you need. Call Tulsa Criminal Defense Law Firm today at (918) 256-3400 for a no-hassle, confidential consultation. If you prefer for us to reach out to you, click here to ask your questions via the online consultation request form.

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