Criminal Defense Attorneys in Oklahoma
Facing a felony charge is a serious and complex matter that demands the expertise of a seasoned criminal defense attorney. These legal professionals bring a wealth of experience and knowledge to the table, offering crucial guidance through the intricate legal landscape that felony cases entail. With a deep understanding of the legal system's intricacies, criminal defense attorneys are equipped to navigate the complexities of evidence analysis, witness testimonies, and strategic defense planning. Their presence is pivotal in ensuring that your constitutional rights are upheld and that any potential legal pitfalls are skillfully avoided.
A criminal defense attorney's role extends beyond the confines of the courtroom. They possess the skills to negotiate with prosecutors, potentially leading to reduced charges or alternative sentencing options that could mitigate the severity of penalties. Moreover, their adeptness in crafting compelling arguments and presenting a strong case can significantly enhance your chances of achieving a favorable outcome during trial.
Beyond the immediate legal battles, a proficient attorney is attuned to the long-term repercussions of a felony conviction. They offer valuable counsel on the potential collateral consequences, such as loss of rights, employment prospects, housing opportunities, and social standing. By strategically mounting a robust defense, they work to minimize these lasting effects and guide you toward rehabilitation and reintegration into society. In essence, partnering with a criminal defense attorney is not just a legal requirement but a strategic decision that empowers you with the resources and expertise needed to navigate the complexities of a felony case successfully.
Criminal Defense Felony Matters in Oklahoma
Felony cases can be intricate, with nuances influenced by the specific offense, jurisdiction, and other variables. If you're grappling with a felony criminal matter in Oklahoma, it's advisable to enlist the support of a seasoned criminal defense attorney. Their expertise can be invaluable in guiding you through the legal intricacies and ensuring the best possible outcome for your case.
- Possession of CDS with Intent to Distribute - Even for a first-time offense, being found in possession of marijuana or other controlled substances with the intent to distribute is classified as a felony. This offense carries a mandatory minimum sentence of 2 years in prison and a fine that can reach up to $20,000. However, the gravity escalates when the substance in question belongs to Schedule I or II, such as narcotic drugs, LSD, or GHB. In such cases, the minimum prison sentence is heightened to 5 years, accompanied by a substantial fine of up to $100,000.
- Felony DUI - In the event of being convicted for a felony DUI in Oklahoma, the potential repercussions are substantial. These consequences encompass the suspension of your driver's license, obligatory assessment and treatment for drug and alcohol abuse, mandatory installation of an ignition interlock device in your vehicle, which could persist for up to eight years, as well as compulsory community service. Moreover, the financial penalty could reach a maximum of $5000, while the range of potential prison sentencing spans from one year to a staggering 20 years.
- Computer Crimes - Facing a potential felony charge isn't something to take lightly, especially when it comes to non-violent computer crimes. The consequences can be quite weighty. Fines have the potential to skyrocket, hitting you with a bill as high as $100,000, in addition to spending up to a decade in prison. On top of that, there's also the concern of civil lawsuits hanging in the balance due to the computer crimes in question.
- Firearm Charges – Merely having possession of a weapon during the commission of a crime can lead to charges, even if the weapon wasn't utilized or shown during the offense. Being found guilty of possessing a firearm while committing a felony comes with a sentence ranging from 2 to 10 years in prison, in addition to the penalty for the primary offense. This exposes you to the potential of a 10-year prison term and the risk of added felony charges. Moreover, it's crucial to note that if you're not the one with a felony record but knowingly assist someone facing a felony charge in obtaining a firearm, you're also liable to face charges.
- Possession of Firearm After Felony Conviction - This is frequently referred to as "Felon in Possession of a Firearm" or "Possession of a Firearm AFCF (After Former Conviction of a Felony)." Let's be clear: this falls into the category of a felony offense. If found guilty, you're looking at a potential period of incarceration in the Department of Corrections ranging from one to ten years. When facing charges related to possessing a firearm after a prior felony conviction, the stakes are high. You could be dealing with up to 10 years behind bars and the weight of additional felony charges.
- Failure to Register - State law mandates that individuals register as sex offenders in Oklahoma, a process involving both the Department of Corrections and your local law enforcement. Not complying with this requirement could result in serious repercussions. Specifically, failing to register as a sex offender in Oklahoma can lead to a felony charge, potentially tacking on an additional five years to your prison sentence. On top of that, you could be facing fines of up to $5,000. It's a legal obligation that should not be taken lightly.
- Felony DUI 2nd - If facing a second DUI charge within a decade of your initial conviction in Oklahoma, the stakes are elevated, resulting in a felony charge. Consequences include a mandatory 1 to 5-year jail term, a substantial $2,500 fine, and a 6-month license suspension. Classified as a felony offense, a second DUI underscores the gravity of the situation. However, with a strategic defense, the possibility of averting a felony conviction remains, offering a potential path towards a more favorable resolution.
- Burglary 1 - In the realm of burglary offenses in Oklahoma, First Degree Burglary takes the top spot for severity. It encompasses the act of breaking and entering a dwelling or structure—typically inhabited—while someone is inside, with the intention of committing a crime upon entry. The legal implications are substantial: a minimum prison term of 7 years and a maximum of 20 years. Notably, First Degree Burglary falls under the umbrella of eighty-five (85%) crimes, signifying their gravity. In contrast, Second Degree Burglary carries lighter penalties, ranging from 2 to 7 years, and is not categorized as an eighty-five percent (85%) crime.
- Burglary 2nd - While second-degree burglary is comparatively less serious than first-degree burglary, it's essential to note that the potential penalties for Second Degree Burglary are notably distinct. In this case, the sentencing ranges from two (2) to seven (7) years of imprisonment, and importantly, it does not fall under the category of an eighty-five percent (85%) crime.
- Larceny - When it comes to grand larceny, things get a bit more serious based on what's at stake. If we're talking about property worth over a grand (One Thousand Dollars), that's when the felony alarm goes off. In that case, you could be looking at up to five years in the slammer under the watchful eye of the Department of Corrections. And, oh yes, a fine of up to Five Thousand Dollars ($5,000) could also be on the table, making for a pretty hefty bill. But, hold up, if we're dealing with property worth less than $1,000, it's a different story. It's more of a misdemeanor deal, and the county jail could be your temporary home for up to a year, and the court could slap you with a fine of up to a grand (One Thousand Dollars). You're also on the hook for paying the victim restitution, as laid out in Section 991a of Title 22 of the Oklahoma Statutes.
Call Ball Morse Lowe today at 405.701.5355 to set up a free consultation.
What to Expect Criminal Misdemeanor Procedure in Oklahoma
Confronting a felony charge in Oklahoma? Brace yourself, for a criminal felony offense in this state is a grave matter laden with substantial legal repercussions. Felonies are segregated into distinct classes, ranging from Class 1 to Class 4, each indicating varying degrees of severity. Class 1 felonies bear the heaviest weight. The potential fallout for felonies is dire: steep fines, probation, mandatory counseling or treatment programs, and extended prison sentences spanning from multiple years to life behind bars. This length hinges on the felony's class and any previous criminal history. The ripple effects of felony convictions go beyond the immediate legal penalties, permeating employment, housing, voting rights, and more. To navigate this treacherous terrain, engaging a seasoned criminal defense attorney is paramount. Safeguarding your rights and striving for the most favorable outcome is imperative.
When facing a felony criminal matter in Oklahoma, brace yourself for a series of pivotal steps and intricate procedures:
- Arrest or Indictment: The process typically commences with the intervention of law enforcement officers, who initiate the process through an arrest grounded in probable cause, or alternatively, via an indictment issued by a grand jury.
- Initial Appearance: Following the arrest, the defendant is ushered into the legal arena through an initial appearance before a magistrate judge. During this pivotal moment, the charges are officially introduced, and the defendant's rights are carefully elucidated. Additionally, considerations regarding bail may be deliberated upon and set during this phase. Most importantly, this is where effective plea negotiations should begin.
- Preliminary Hearing: An accused has the right to have a preliminary hearing conducted to test the sufficiency of evidence for trial proceedings.
- District Court Arraignment: During the arraignment, the defendant formally submits their plea—whether it be guilty, not guilty, or no contest. If an accused enters a plea of not guilty, the court will schedule a trial date.
- Pretrial Proceedings: Prior to the trial, motions can be submitted by both the defense and prosecution. These motions might pertain to various aspects, including suppression of evidence, dismissal of charges, and other pertinent legal considerations.
- Plea Negotiations: Discussions between the prosecution and defense can pave the way for plea negotiations. These discussions might result in a plea agreement wherein the defendant agrees to plead guilty to a less severe charge in return for a lighter sentence. Importantly, plea negotiations usually start at the initial appearance and could continue even during a trial!
- Trial: If a plea agreement isn't achieved, the case proceeds to trial. Felony trials often involve a jury. During the trial, both sides present evidence, witnesses undergo examination and cross-examination, and legal arguments are presented.
- Verdict: Following the trial, the jury or judge renders a verdict of guilty or not guilty. Should the verdict be guilty, the case advances to the subsequent phase, which entails determining the appropriate sentence.
- Sentencing Hearing: In the event of a guilty verdict or a guilty plea by the defendant, a distinct sentencing hearing is convened. During this hearing, the judge takes into account variables such as the defendant's prior criminal record and the specific details surrounding the offense. These considerations aid the judge in determining the most fitting sentence for the case.
- Appeals: After a conviction, the defendant possesses the right to appeal to a higher court in cases where errors or legal issues arose during the trial proceedings.
- Completion of Sentence: Upon completing the sentence, which could encompass incarceration, fines, probation, and other measures, the defendant's legal responsibilities are satisfied, effectively bringing the case to its conclusion.
Keep in mind that felony cases can be intricate, with nuances influenced by the specific offense, jurisdiction, and other variables. If you're grappling with a felony criminal matter in Oklahoma, it's advisable to enlist the support of a seasoned criminal defense attorney. Their expertise can be invaluable in guiding you through the legal intricacies and ensuring the best possible outcome for your case.
Call Ball Morse Lowe Today
When confronted with potential felony charges in Oklahoma, the consequences are substantial. Possession of controlled substances with intent to distribute, DUI convictions, computer crimes, firearm-related offenses, and failure to register as a sex offender all carry serious penalties, from hefty fines to significant prison sentences. Seeking legal counsel from experienced professionals like Ball Morse Lowe is crucial to navigate the intricate legal landscape and secure the best possible outcome for your case. With potential repercussions spanning from financial burdens to extended incarceration, understanding the gravity of these charges underscores the need for skilled legal representation. Call 405.701.5355 or email clientintake@bml.law.