Wagoner Lawyer Blog
What Is "Shooting with Intent to Kill" in Oklahoma?
In Oklahoma, shooting with intent to kill is a serious crime with three specific elements. Attorney Stuart Ericson explains that the act involves intentionally and wrongfully shooting or discharging a firearm with the intention to kill another person. It is important to note that shooting up in the air or shooting to miss does not qualify as shooting with intent to kill, but rather as assault with a dangerous weapon or another crime. Proving intent to kill can be challenging for the prosecution, and various factors come into play, such as shooting into a crowd or unintentionally hitting someone else. If you have any questions about this crime or other shooting-related offenses, it is advisable to consult a criminal defense attorney. Contact Stuart Ericson at wagonerlawyer.com for further assistance. Read more »
What Is Assault and Battery in Oklahoma?
In Oklahoma, assault and battery are two distinct offenses. Assault refers to the attempt or threat of physical violence, while battery involves actual physical contact. When both assault and battery occur together, it is known as assault and battery. These crimes are classified as misdemeanors and carry a maximum penalty of 90 days in county jail. However, if weapons are involved or the circumstances are more severe, it could escalate to a felony charge. If you have any questions or need legal assistance, don't hesitate to contact me, Stuart Ericson, at WagonerLawyer.com. Read more »
What Are Second or Subsequent Offences in Oklahoma?
If you have a prior felony conviction and get charged with another offense in Oklahoma, it can have serious consequences on your punishment. The state of Oklahoma will file a page two or supplemental information that alleges your previous conviction. Depending on the nature of the previous conviction, your punishment range for the new offense may increase drastically. If you have one prior felony conviction and a new offense, your punishment range may become 10 to life for a violent offense or 2 to life for a non-violent offense exceeding five years. If you have two or more prior felony convictions, your punishment range may become 20 to life for a violent offense or three times the minimum to life for a non-violent offense. It's crucial to understand the impact of prior convictions and seek guidance from an experienced criminal defense attorney. Read more »
What Are "Parties to a Crime" in Oklahoma?
Learn about parties to a crime in Oklahoma with Stuart Ericson, a Wagoner attorney. According to Oklahoma law, there are two types of parties to crimes: principles and accessories. Principles are individuals who commit the crime or aid and abet in its commission. A classic example is a bank robbery where the driver, lookout, and individuals with guns demanding money are all principles. Meanwhile, accessories are those who help conceal or aid after the fact of a crime. To be an accessory, individuals must know that a crime has been committed. Understanding these labels is critical because they have different consequences, liability, and sentencing ranges. Contact Stuart Ericson for more information. Read more »
What Is the Defense of Duress in Oklahoma?
In Oklahoma, a person charged with a crime may be entitled to the defense of duress if they committed the crime because of a reasonable belief that they were in imminent danger of death or great bodily harm from another. However, it must be a reasonable belief, and it cannot be a fear of just any injury. The defense is very fact-specific, and juries will decide whether your belief was reasonable and whether there was a reasonable opportunity to escape the danger. Once you make a sufficient showing of evidence for this defense, the burden of proof goes to the state to prove that the crime was not committed under duress. If you have any questions about this defense, contact Stuart Ericson at WagonerLawyer.com. Read more »
What Is Entrapment in Oklahoma?
Entrapment is a defense that can be used when a person has no previous intent to commit a crime but is induced or persuaded by law enforcement to do so. In Oklahoma, the defense of entrapment can be exercised only if the person can provide sufficient evidence to support it. The burden of proof then switches to the prosecution, who must show that no entrapment occurred. The decision on whether entrapment occurred is ultimately decided by a jury in a trial. It is crucial to note that this defense is fact-specific and must be raised by the defense. If you have any questions about entrapment or other defenses, contact Stuart Ericson at WagonerLawyer.com. Read more »
What Is "Harboring a Fugitive" in Oklahoma?
Do you know what harboring a fugitive means in Oklahoma? According to Wagoner attorney Stuart Ericson, it's when you have knowledge that someone is a fugitive from justice, and you help them hide, conceal, or avoid arrest in any way. It's a felony in Oklahoma and carries up to 10 years in prison. However, it's important to note that everything is fact-driven and fact-specific, so it's best to contact an attorney to find out if you're potentially in trouble or not. Remember, knowledge is the key, and if questioned by law enforcement, exercise your right to remain silent and contact an attorney. Read more »
What Is a District Court Arraignment (DCA) in Oklahoma?
The defendant's case is set for a DCA, where they enter a formal plea of guilty or not guilty in front of a district judge. Read more »
What Is a Criminal Preliminary Hearing in Oklahoma?
The hearing is not a trial and only the prosecution witnesses are heard. The defense does not usually call witnesses. Read more »
What Are the Possible Punishments in Oklahoma Criminal Cases?
The possible punishments for criminal cases in Oklahoma are prison or probation. Probation includes a suspended sentence. Read more »
Should I Talk to the Police in the Beginning of a Criminal Investigation in Oklahoma?
If detained or arrested, the police will have to give one's Miranda rights, which should be exercised. It is highly advised. Read more »
How Does a Criminal Process Start in Oklahoma?
In the case of being arrested, the person should also contact an attorney and get someone to bond them out. Read more »
How Are Crimes Listed in Oklahoma?
In Oklahoma, every crime is listed in Title 21 of the state law books, which defines the elements of each crime. Read more »
Defend Yourself: How to be a Good Witness and Advocate if Charged with a Crime in Oklahoma
To be a good witness for your case, it is important to remember all the details, gather evidence, and provide .information to your attorney. Read more »
What Is Extortion in Oklahoma?
Extortion is a crime that involves obtaining property or money with consent induced by wrongful use of force or fear. Read more »
Breaking the Law: The Penalties for Disrupting Emergency Calls in Oklahoma
In Oklahoma, interfering with an emergency call is a crime under Title 21, Section 1211.1 of the Oklahoma statute. Read more »
Possessing a Firearm After Juvenile Adjudication in Oklahoma
Those who are charged as juveniles for felony offenses cannot possess any dangerous or deadly firearm for 10 years after turning 18. Read more »
Understanding the Severity of Threatening a Violent Act in Oklahoma
Threatening a violent act can result in a misdemeanor charge with up to 6 months in jail, or a felony charge with up to 10 years in prison. Read more »
What Is a Birch Notice in Oklahoma?
Evidence of past bad acts is not admissible in court when a person is charged with a crime. There are exceptions, such as a birch notice. Read more »
How Are Lie Detectors Used in an Oklahoma Criminal Case?
Suspects may be asked to take a lie detector test by the police, but it's important to consider the potential consequences and benefits. Read more »
What Is Arson in Oklahoma?
Arson is the intentional setting of fire to a building or structure. In Oklahoma, there are four degrees of arson. Read more »
What Is the Impact of a Prior Felony Conviction in Oklahoma?
Prior felony convictions can impact rights such as serving on a jury, voting, and owning a firearm, and employment opportunities. Read more »
How Does Discovery in Criminal Cases Work in Oklahoma?
Discovery is the process of exchanging information and evidence between the prosecution and defense before a trial. Read more »
What if Favorable Evidence or Evidence That Weakens a Case Is Found in Oklahoma?
If there is evidence that may tend to exonerate the defendant, the state must provide it to the defense attorney. Read more »
When Can Law Enforcement Search Your Property in Oklahoma?
Law enforcement can legally search without a warrant if they have consent from the person, if the evidence is in plain sight, etc. Read more »
