Criminal Defense Lawyer OKC
With so much information on the internet nowadays and policies always changing, it can be confusing to understand what exactly constitutes as Oklahoma criminal law. Whether it is for complex criminal cases or general Oklahoma criminal charges, being familiar with Oklahoma criminal law can come in handy and why you need a criminal defense lawyer OKC like William R. Pierce.
While criminal law might be generally well-known, it is important to still understand the specifics of Oklahoma criminal law. It might be for you, a family member, or someone close to you, having an OKC criminal lawyer on your side can make the process much easier.
Complex Criminal Cases
Before delving into complex criminal cases, it is important to know what is criminal law. Criminal law is a system of laws concerned with punishment of individuals who commit crimes. The main goal of criminal law is to prevent undesirable behavior and punish those who commit an act deemed undesirable by society. Additionally, a “crime” is any act or omission in violation of a law prohibiting the action or omission.
Not to get confused by civil law which handles situations between people such as torts, contracts, family situations, and property dilemmas. Although both important to the law, criminal law can be more problematic and deal with more complex criminal cases than say divorce or adoption procedures.
So what exactly makes criminal charges Oklahoma-specific? Below are the following criminal charges and what is different about them when they are committed in Oklahoma.
DUI/DWI/APC - Oklahoma Criminal Law
Driving under the influence (DUI) or driving while intoxicated is a serious offense in Oklahoma that is committed when a driver operates a car while impaired by an intoxicating substance. According to Oklahoma criminal law, it is a crime to drive, operate, or to be in actual physical control of a motor vehicle if you are under any of the following:
- Have a blood alcohol concentration (BAC) of 0.08% or more within two hours of being arrested
- Are under the influence of alcohol
- Have any amount of a Schedule I controlled substance in the driver’s blood, saliva, urine, or any other bodily fluid within two hours of being arrested.
- Are under the combined influence of alcohol and any other intoxicating substance that means a person cannot drive safely
If you are caught for driving under the influence, the penalty ranges according to Oklahoma criminal law depending on if this is the driver’s first offense or if this is a repeat offense. The consequences can range from a ‘misdemeanor DUI’ or a ‘felony DUI’. Also according to Oklahoma criminal law, there is also an increase in penalty if there is a child (someone less than 18 years old) inside the car while the adult is driving intoxicated. If caught, the offender’s fine will be doubled in addition to any other penalties the court sentences them to.
On the other hand, actual physical control (APC) is where the suspect is not actually driving the car, but could be sleeping behind the wheel of their vehicle. According to Oklahoma criminal law, there is no actual definition of APC in their statutes. The penalties for APC are the same as DUI, so it is important to contact a criminal defense lawyer OKC for specifics on your case if you have been charged with APC.
Assault & Battery
Oklahoma criminal law has separate definitions of assault and battery, but both have similar punishments. An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another. A battery is any willful and unlawful use of force or violence upon the person of another.
According to Oklahoma criminal law, assault and battery shall be punishable by imprisonment in a county jail not exceeding ninety days, or by a fine of not more than $1,000.00, or by both such fine and imprisonment. For further specifics on what is the punishment for assault and battery, contact a criminal lawyer in Oklahoma.
For assault and battery cases caused between family members, Oklahoma criminal law states this as domestic abuse. It is important to note that the Oklahoma Criminal Code specifically states that domestic abuse can only occur between the offender and any of the following people:
- A current or former spouse
- A current spouse of the offender's former spouse
- A former spouse of the offender's current spouse
- A foster parent
- A child
- A person related by blood or marriage
- A person that the offender is or was in a dating relationship with
- A person that the offender has a child with
- A person that formerly lived in the same house as the offender, or
- A person that currently lives in the same house as the offender
Felonies & Misdemeanors
In Oklahoma, an individual convicted of a felony crime by a court of record is known as a felon where the “felony” is defined as a crime which is punishable by death or imprisonment in a state penitentiary. There is also a distinction between a felony and a misdemeanor. Oklahoma defines a “misdemeanor” very generally: a misdemeanor is any crime which is not a felony. A general rule-of-thumb is that misdemeanors are generally crimes which are punishable by one year or less in county jail. While there is a fine line between both felonies and misdemeanors, it is important to know the distinction to know where your situation lies. If you are confused or lost about the whole problem, contact a criminal lawyer that knows how best to manage the situation.
According to Oklahoma criminal law, a drug crime can be defined as the following:
- The distribution, dispersion, possession, or manufacturing of a controlled dangerous substance
- Creating, distributing, or possessing a counterfeit controlled dangerous substance or
- Distributing any imitation controlled substance
- Conspiring or participating in any scheme, plan or act for the purposes of avoiding, eluding or evading arrest or detection by law enforcement authorities for crimes involving controlled substances
The punishments for committing a drug crime ranges on if it is a first offense or a repeated one. Contact your criminal lawyer for further Oklahoma-specifics.
Weapon Related Charges
Weapon-related crimes in Oklahoma vary on who is carrying it and under what circumstances. Oklahoma is an ‘open carry’ state which means that adults can purchase and openly carry guns without a permit. However, people in Oklahoma can carry concealed weapons only with a concealed carry permit. Violating this rule can result in a punishment.
Additionally, it is also a crime for an adult to give or sell a weapon to a child and for parents to allow their children to possess weapons. If the child keeps the weapon, they could be charged for a weapon-related crime. Contact an Oklahoma criminal lawyer for more details on what could be considered a weapon-related crime for you and your family.
Call William R. Pierce, Criminal Defense Lawyer OKC
With so many details and complex criminal cases nowadays, it is important to have William R. Pierce on your side. As an expert in Oklahoma criminal law, William R. Pierce knows the ins and outs of every aspect of criminal law to make sure that you and your family are well-represented in the state of Oklahoma. Criminal defense lawyer OKC William R. Pierce is the solution to any situation you have in your life. Call us at Contact Form. or use our