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    Audrey Howitt

    Possession of Burglary Tools Can Lead to a Felony in Oklahoma

    If you have a previous burglary conviction on your record, you could end up with a felony on your record if you are caught to be in possession of burglary tools in Oklahoma. It is helpful to know what burglary tools are to stay out of trouble.

    Possession of Burglary Tools Defined

    Are you in possession of burglary tools in Tulsa lawyer?In Oklahoma, possession of burglary tools is defined as having any of the following tools in your possession: pick-lock, crow, key, bit, jack, jimmy, nippers, pick, betty or any other tool routinely used in a burglary, with the intent to break into and enter a building, booth, tent, railroad car, vessel or the like, to commit a felony inside. Okla. Stat. tit. 21 § 1437

    Just being in possession of burglary tools with the requisite intent is a misdemeanor. It will be charged as a felony if you have a previous burglary conviction on your record.

    Whether this is charged as a misdemeanor or a felony, the prosecution must prove that you had the intent to break and enter and commit a felony inside the property or structure of another.

    Generally speaking, breaking and entering is interpreted broadly under Oklahoma law. It can mean forcibly breaking a window or door to enter, but it can also include using a false key to enter, or just opening a window and entering without permission. Okla. Stat. tit. 21 § 1431

    The prosecution will use facts to show intent. The more closely the tools resemble those on the above list, the more likely mere possession will be used by the prosecution to prove intent to break and enter.

    A Previous Burglary Turns the Crime into a Felony

    If you are caught with three or more of the following tools, and have had a previous burglary conviction,  you would face a felony charge: sledgehammer, pry bar, punches, chisel, or bolt cutters, with the intent to use them or knowing that they will be used in the commission of a crime. Okla. Stat. tit. 21 § 1442

    If convicted, you could face up to two years in prison, or a fine of up to $10,000, or both. Okla. Stat. tit. 21 § 9, 64

    Whether the crime is charged as a misdemeanor or a felony, you will want the help of an experienced Tulsa criminal defense attorney to help protect your rights and freedom. Call today.

    Initial Consultation: Tulsa Criminal Defense Attorney

    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 criminal defense attorney to discuss your available legal options.

    Contact the Tulsa Criminal Defense Law Firm by calling (918) 756-9600, or toll-free at (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

    False Declaration of Ownership: What it is and How it Occurs

    What is the sentence for false declaration of ownership in Tulsa lawyer?There are situations in which it is illegal to claim ownership of property that actually belongs to someone else. These situations move beyond the mere inflation of ego, to attempts to defraud. It is one thing to parade a beautiful diamond ring that was loaned to you claiming it is yours; it is another thing to try to sell or resell property that you claim belongs to you. A false declaration of ownership made for financial gain is illegal in Oklahoma. The penalties, if convicted, depend on the situation.

    Here are the situations in which the claim is often made, and prosecuted.

    Pawnshop Transactions Require A Declaration of Ownership

    In Oklahoma, when you pawn an item for sale or loan, the pawnshop owner is required to obtain a declaration from you that you own the item you are pawning. The declaration is a legal affidavit. In addition to signing the affidavit of ownership, you must produce your legal ID. The declaration states how long you have owned the property and gives your identifying information. It becomes part of the bill of sale, and is meant to protect against the resale of stolen goods. Okla. Stat. tit. 59 § 1515

    Making a false declaration of ownership or producing a fake ID in this situation is illegal, making this a type of theft by false pretenses.

    The sentence in Oklahoma, if convicted, depends on the value of the property involved. If the property is worth more than $1,000, then the crime is a felony punishable either by up to five years in prison, or a county jail term of up to one year, and a fine up to $500, or both. Okla. Stat. tit. 59 § 1512

    If the value of the property is less than $1,000, the crime is a misdemeanor punishable by a fine of up to $500, or by county jail time of up to six months, or both a fine and imprisonment.

    If the property involves any sort of firearms, or if the property was obtained as a result of robbery or burglary, then regardless of the value of the property, the crime is treated as a felony and is punished as such.

    Defenses for this crime are usually grounded in mistake. If the property comes to you honestly but was in fact stolen, you may have a viable defense to the crime. This is when you need an experienced criminal defense attorney to help you with your defense.

    False Declaration of Ownership of a Vehicle: Junkyard Sales

    Making a false representation of ownership of a vehicle in Oklahoma is against the law. This crime usually occurs when someone tries to sell a stolen car to the junkyard, for parts, or to a car “crusher.”

    In Oklahoma, the crime is defined as falsely declaring that you own a piece of property — such as a vehicle — sufficient to transfer title, ownership, sell, gift or exchange it for money, goods, services or for other property. Okla. Stat. tit. 47 § 592.8

    A car crusher is required to establish that a person has the legal right to sell a vehicle. Much like in the pawn shop setting, this can be done by a legal declaration of ownership.

    The declaration must state that the vehicle is being purchased from the lawful owner, accompanied by a bill of sale from the lawful owner which includes a statement by that owner that there are no outstanding liens on the vehicle and a statement that the vehicle has no other resale value other than as scrap. The owner must also produce their ID as part of the transaction.

    Making a false declaration of ownership or showing false ID in this situation is a felony in Oklahoma, punishable by either up to five years in prison or one year in the county jail at the court’s discretion, or a fine up to $1,000, or both.  Okla. Stat. tit. 47 § 592.9

    False Declaration of Ownership Through a Fake ID

    Another way this crime occurs through the use of a false ID. Possessing, selling, or creating a false ID is a crime in Oklahoma. Knowingly possessing or purchasing a false ID in itself is a misdemeanor, which carries fines between $25 and $200.

    The situation is more serious when you present that false ID as part of a false declaration of ownership in any commercial or financial transaction. To do so is a felony punishable by up to seven years in prison, or a fine up to $10,000, or both. Okla. Stat. tit. 21 § 1550.41

    Selling Timber That Doesn’t Belong to You

    Selling timber under false declaration of ownership is also illegal in Oklahoma. Much like making a false declaration in a pawnshop setting, the sentence here, if convicted, depends on the value of the property involved.

    If the timber sold is valued at less than $200, the crime is a misdemeanor punishable by up to one year in jail, a fine of up to $1,000, or both.

    If the timber sold is valued at more than $200, the crime is a felony punishable by up to five years in prison, a fine of up to $1,000, or both. Okla. Stat. tit. 21 § 16-66

    Initial Consultation: Tulsa Criminal Defense Attorney

    A conviction can mean years in prison depending on the circumstances involved. If you or someone you know is accused of making a false declaration of ownership in Oklahoma, contact an experienced Tulsa criminal defense attorney to discuss your available legal options as soon as possible.

    Consult with an experienced attorney at the Tulsa Criminal Defense Law Firm today, by calling (918) 756-9600, or toll-free at (888) 447-7262. The first consultation is low-cost.

    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

    Interfering emergency call tulsa lawyer

    Many states have passed laws making it against the law to interfere with an emergency call, including Oklahoma. While this can most often happen in a domestic violence situation, it also can occur after a vehicular accident, or during the commission of just about any crime.

    Defining the Crime

    It is a misdemeanor in Oklahoma to intentionally interfere, interrupt or impede anyone who is attempting to, or is in the process of, making or placing an emergency telephone call. Okla. Stat. tit. 21 § 1211.1

    What Rises to the Level of Interference?

    Interference can mean to obstruct, meddle, prevent, hinder, block, hold back, or to deter. In a domestic situation, it often occurs like this: Two people begin to argue, the argument gets heated, and at one point one of the partners reaches over to call 911 or the police and the other partner takes their phone away. The crime was committed when the phone was taken away.

    The interference must be intentional to rise to the level of a criminal act. Accidentally turning and causing the other person to drop the phone doesn’t rise to the level of a crime.

    But even verbally intimidating another person into hanging up the call may be enough to constitute interference with an emergency call if done so in a manner that puts the other in fear and causes them to hang up the phone as a result. Once someone starts to make a call for emergency services, or begins the attempt to do so, it is a crime to stop that process. This includes hanging up, breaking the phone, blocking access to the phone, intimidating the other into not making the call, cutting phone wires, or any other action that may interfere with the call.

    The crime is punishable by up to one year in jail, a fine of up to $3,000, or both.

    Get The Help You Need

    There are always two sides to the story, and facts are very important in these cases. And the timing of what was said and what occurred can be crucial in these cases.

    An experienced Tulsa attorney can help a judge understand what happened from your point of view and can help you understand all of your legal options. Make that call today.

    Initial Consultation: Tulsa Criminal Defense Attorney

    If you or someone you know is accused of interfering with an emergency call in Oklahoma, please contact a Tulsa criminal misdemeanor defense attorney to discuss your available legal options.

    Consult with an experienced attorney at the Tulsa Criminal Defense Law Firm today, by calling (918) 756-9600, or toll-free at (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

    prostitution charges in Tulsa Oklahoma

    It has been called a victimless crime: Prostitution. And while there is some controversy regarding that claim, it is a crime in most jurisdictions, including Oklahoma. Here are some things you may want to know about how prostitution charges are prosecuted in Tulsa, Oklahoma.

    How Does Oklahoma Define Prostitution?

    In Oklahoma, both prostitution and solicitation of prostitution are illegal.

    Oklahoma law defines prostitution as either the giving or receiving of the body in any sexual manner, such as sexual intercourse or any component of sexual congress, with someone other than a spouse, in exchange for money or for anything else of value, or the making or setting of such an appointment for sexual congress for pay or other objects of value. Okla. Stat. tit. 21 § 1030.

    It includes soliciting, enticing and procuring another person to commit an act of lewdness, or sexual congress for money. It also includes aiding or abetting another in any of these acts for money or other things of value. Okla. Stat. tit. 21 § 1029. So the statute prohibits the activities of both the prostitute and the “john.”

    Likewise, Oklahoma laws prohibit all persons from loitering or entering a car or building with the intent of committing an act of prostitution. Okla. Stat. 21 § 1029. The law also prohibits all acts of prostitution with any child younger than 18. Okla. Stat. 21 § 1029.

    While much of the time, prostitution is a misdemeanor in Oklahoma, there are situations in which it is a felony.

    Penalties for Prostitution

    When charged as a misdemeanor, the crime is punishable by a jail term of 30 days to 1 year in the county jail in addition to fines. The fine for a first conviction can run as much as $2,500, then $5,000 for a second conviction, and up to $7500 for a third or subsequent conviction. Okla. Stat. tit. 21 § 1031. For repeat offenders, convictions can be costly in terms of fines and jail time, even as a misdemeanor.

    Prostitution is a felony in Oklahoma under the following circumstances. When a person engages in prostitution with the knowledge that they are infected with HIV, the crime is treated more seriously. If convicted, a defendant could face up to five years in prison. Okla. Stat. tit. 21 § 1031.

    Penalties for engaging in child prostitution is even more serious. The felony is punishable by a prison term of up to 10 years and by fines from $5,000 to $15,000.

    It is also a felony to engage in or aid another in prostitution within 1,000 feet of a church or school. The crime is punishable by a prison term of up to 5 years, fines of up to $5,000 for a first conviction. Fines escalate with each conviction. In addition, the court may order 40-80 community service hours. Okla. Stat. tit. 21 § 1031.

    Prostitution can be expensive, especially for repeat offenders. In addition, whether you are facing your first arrest or your 15th arrest, it can be scary to tangle with law enforcement.

    Finally, a prostitution conviction can complicate your life in unforeseen ways. If you are facing charges for violation of these laws, be sure and hire a Tulsa prostitution defense lawyer to protect your rights and your freedom.

    Initial Consultation: Tulsa Prostitution Defense Lawyer

    Now is the time to get the help you need. 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 if you click here to ask your questions via the online consultation request form.

    Audrey Howitt

    If you are driving on Oklahoma roads, you should know that in Oklahoma, it is illegal not have a proper license plate. An improper display of your Oklahoma license plate is also illegal. Both of these are considered to be misdemeanors in violation of the Oklahoma Vehicle and License Registration Act. license plate

    The Law is Specific About License Plate Placement

    Oklahoma legislators know that when seconds count after a vehicular incident, witnesses need to know precisely where a vehicle’s license plate is. The plate must be clearly visible at all times and attached on the rear of your vehicle. If you have a truck-tractor, the plates must be attached at the front end of the vehicle. You cannot laminate them or cover or obscure them in any way. Okla. Stat. tit. 47 § 1113.

    A Violation May Cost You More Than You Think

    If your license plate is located on top of your dashboard instead of attached on the front or rear as the law dictates, you may end up in more trouble than you might anticipate. In addition to being charged with a misdemeanor, the police may impound your vehicle.

    Oklahoma law provides that any time after 90 days from the expiration date of the annual registration of a vehicle, any such vehicle which lacks proper license plates or which displays them improperly, may be impounded any law enforcement authorities. Okla. Stat. tit. 47 § 1115.1.

    Anytime a vehicle is impounded you risk losing your vehicle without the proper help. The law provides that the vehicle will not be released until it is properly registered, and all license, registration, title fees, and fines are fully paid. The cost of impounding and storing the vehicle must be paid and the owner provides proof of security or an affidavit that the vehicle will not be used on public streets until all of these steps are complied with.

    If these steps are not complied with, the authorities have the right to sell your vehicle. They must post notices of the sale in at least five different public places within the county in which the vehicle is located, including the place where it is stored. The notice of sale must also be sent to the last known address of the owner.

    The purchaser will be issued a new certificate of purchase, license plate, and registration as long as the sale price exceeds the amount owed for penalties and impound costs. If the purchase amount is less, the vehicle can be dismantled and sold for parts.

    The misdemeanor conviction carries a fine of as much as $500. In addition, you will be required to obtain a license plate if you do not have one or to properly display your plate if you do have one. Okla. Stat. tit. 47 § 1151(5).

    There are options available to you. You do not want to lose your vehicle. If you are facing charges for improper display of license in Oklahoma, make sure to get the help you need.

    Initial Consultation: Tulsa Criminal Defense Attorney

    Contact us. We are here to help you. Our experienced attorneys know the law, know what your options are, and can advise you. And the initial 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.

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      tulsa ok criminal defense attorney

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      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.