Violent Crimes in Oklahoma

Violent offenses are those which cause bodily harm or threaten to cause bodily harm to another person or people. Assault, domestic violence, rape, and homicide are among the most commonly charged and prosecuted violent crimes. In some cases, such as DUI manslaughter, a person may be charged with a violent crime even though he or she had no intent to harm the victim. In other cases, such as attempted assault or enabling child abuse, a person may be charged with a violent offense even if he or she did not actually inflict physical harm on another person.

Crimes considered to be violent crimes in Oklahoma include:

• Assault – Aggravated Assault, Assault and Battery, Assault with a Dangerous Weapon, Assault with a Deadly Weapon

• Armed Robbery

• Domestic Violence

• Gun Crimes and Weapons Offenses – Illegal Possession of a Firearm, Possession of a Firearm in the Commission of a Felony, Possession of a Firearm by a Convicted Felon, Pointing a Firearm

• Homicide – Murder, Manslaughter, Vehicular Manslaughter

• Rape and Violent Sex Crimes

Some violent crimes, including assault and domestic abuse may be charged as misdemeanors on the first offense; however, subsequent offenses or certain aggravating conditions can quickly elevate the charge to a felony.

Assault & Battery - Domestic Violence

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Assault is defined as the willful and unlawful attempt or offer with force or violence to do corporal harm to another while battery is any willful and unlawful use of force or violence upon the person of another. The determining factor is whether any direct or indirect physical contact occurred and often times, prosecutors charge an individual with both assault and battery when the circumstances do not amount to as much. Oklahoma has provided several affirmative defenses to assault and battery charges which allow for the use of force when it is lawful. If you or a loved one has been charged with assault and/or battery, contact an experienced criminal defense attorney who can make sure he or she is charged for what actually occurred and will assert your affirmative defenses.

There are also several instances in which assault and battery prosecutions can take a more severe approach. In certain instances, factors may lead to aggravated assault and battery or domestic violence. Aggravated assault and battery is committed when great bodily harm is inflicted upon another person or when a contact from a person of robust health or strength is inflicted upon one who is aged, decrepit, or incapacitated. Typically, great bodily harm has come to include bone fractures, obvious disfigurement, loss or continued impairment of the function of a body part, organ or mental faculty, or harm that creates a substantial risk of death.

In situations where assault and battery occurs between current or former spouses and/or other family members, domestic violence charges will be sure to follow. In Oklahoma, domestic violence charges can also be supported by situations involving persons who are, or have been in a dating relationship or individuals who are currently living together or have lived together in the past. There are also various forms of statutorily prohibited conduct including strangulation, the use of dangerous and deadly weapons, and while in the presence of minors.

Domestic violence or abuse charges are a much more serious crime than assault and battery; domestic abuse carries a significant stigma and and lead to very serious consequences, including incarceration. A conviction for domestic assault and battery can also result in a mandatory 52-week domestic violence class which offenders are statutorily required to attend and will receive a ban on gun-ownership. If you or a loved one has been accused of or charged with assault and/or battery or any type of domestic violence or abuse, contact an accomplished Oklahoma criminal defense attorney ready to fight for your freedom. Call Diver Law Firm today at (405) 896-8080 for a free consultation and case evaluation.

Weapons Charges

Weapons can leave lasting consequences and can also, greatly influence the way in which criminal prosecutions proceed. In fact, the mere use of a firearm during the commission of a felony is a crime in and of itself while the possession of a firearm by those who have been convicted of a felony is a severe felony offense leading to mandatory incarceration. There are many other weapons and firearms charges in Oklahoma, many of which are heavily prosecuted and carry harsher penalty. Other weapons charges may include:

• Assault, Battery, or Assault and Battery with Dangerous Weapon;

• Carrying Firearms Where Liquor is Consumed;

• Carrying a Weapon Under the Influence of Alcohol;

• Possession of a Firearm on School Property;

• Unlawfully Carrying a Firearm;

• Unlawful Transportation of Weapons;

• Pointing a Firearm;

• Discharge of a Stun Gun, Tear Gas, Mace, Pepper Mace or Other Deleterious Agent Against Officer;

• Felony Discharge of a Firearm;

• Contraband, Weapons, Explosives, Drugs, Money, or Tobacco in a Penal Institution or Jail;

• Transporting a Loaded Firearm; or

• Furnishing a Firearm to Mentally Incompetent or Insane Persons.

There are many, many more criminal statutes that involve the use or furnishing of weapons and the criminal penalties can be severe. Oklahoma law may also require the civil forfeiture of weapons if the prosecution claims the weapons were used in conjunction with a crime. While the forfeiture action is civil in nature, it is vital you have an experienced criminal defense attorney to help navigate this fight as there are significant and time-sensitive pleadings that must be filed.

Possession of a Firearm After Former Conviction of a Felony

As discussed, persons having been previously convicted of a felony cannot possess a firearm in Oklahoma. Regardless of this prohibition, plenty of convicted felons carry firearms, some to commit additional criminal offenses while some for the sole purpose of protecting their family. No matter the reason, if a felon is apprehended while in possession of a firearm they will still face new felony charges. It is even illegal for a felon to be in a vehicle or home where is a firearm is located. In Oklahoma, it does not matter whether the person actually knew there was a firearm; the felon does not have to actually possess the firearm in order to be charged.

It is a very unfortunate standard to be held to and punishment for this offense carries a minimum of one year incarceration to a maximum of ten years in prison for a first offense. If you or a loved one has been convicted of a felony and now, faces prosecution for possessing a firearm, contact an experienced and accomplished Oklahoma criminal attorney. Contact Diver Law Firm today at (405) 896-8080 for a free case evaluation and consultation.

Violent Offenses

Assault and Battery with a Deadly Weapon is the use of a deadly weapon to commit an assault and/or battery and is usually considered more egregious than the use of a mere dangerous weapon. Consequences for Assault and Battery with a Deadly Weapons extends to anyone who uses force, which is likely to produce the death of another, or otherwise attempt to kill someone. The laws concerning this offense are listed under the Attempts to Kill chapter of the Oklahoma Statutes and carry very similar consequences. In Oklahoma, the punishment for Assault and Battery with a Deadly Weapon is up to life in prison; the same punishment for anyone who attempts to kill another person.

Assault and Battery with a Dangerous Weapon is when a person commits an assault and/or a battery with a dangerous weapon. In Oklahoma, a dangerous weapon is usually a sharp or blunt object used to beat or maim another person. This can also be used to charge an individual who shoots at another person with the intent to injure the person. Because the attempt or intent to kill is absent, the punishment is not a severe though, it is substantial. The punishment for assault and battery with a dangerous with is up to ten years in prison, or incarceration in the county jail for up to one year.

In Oklahoma, certain affirmative defenses to these crimes do exist. If you or a loved one has been charged with Assault and Battery with a Deadly Weapon or Assault and Battery with a Dangerous Weapon, contact an accomplished Oklahoma criminal defense attorney to discuss your defense to these charges. Contact Diver Law Firm today at (405) 896-8080 for a confidential, risk-free case evaluation.

Oklahoma Violent Crime Offender Registry

Being listed as a “violent offender” can have a significant personal and professional impact. Prospective employers or landlords who see that a person is listed as a violent offender may be hesitant to hire such a person or rent housing to him or her—regardless of whether or not the convicted person has any likelihood of committing a violent act again. Read more about Oklahoma’s Violent Offender Registry and its requirements.

If you have been charged with any of the aforementioned “violent crimes,” it is important to seek legal defense representation as quickly as possible. In some cases, an attorney may be able to have the charge dismissed or may provide a defense that gets you acquitted completely. In other cases, a negotiated plea may end with lighter charges and associated penalties. If, however, a person is convicted of a violent crime that requires registration under the Mary Rippy Act, an attorney can help his or her client understand and comply with the terms of registration.. The penalties of conviction extend far beyond any sentence levied by the judge. For more information, or to schedule a free consultation, call attorney Michael Diver at (405) 896-8080.

In terms of harm, there is no greater criminal violation than homicide. It is defined as the killing of one human being by another. Moreover, under Oklahoma law, the term “human being” includes an unborn child. Furthermore, the crime committed in a criminal prosecution is generally determined by the state of mind of the individual accused and can be a daunting task to contend. There are various forms of criminal prosecutions that can take place after there has been a homicide. Charges may be brought under first or second degree murder, a form of manslaughter, and excusable or justifiable homicides.

If you or a loved one has been charged with homicide, or any other violent offense in Oklahoma, time is of the essence. You need an experienced defense attorney, and you need one right now. Call Diver Law Firm at (405) 896-8080 and get the critical representation you and your family deserve.