918-550-9175

Facebook

Twitter

LinkedIn

Free Evaluation
logo
mobile logo
 

intent Tag

21 March
0 Comments
Sticky

Felony Murder in Oklahoma: The Tough Consequences

Posted by Clint
in Blog
Felony Murder in Oklahoma: The Tough Consequences

In Oklahoma, a type of crime called felony murder carries tough consequences. Unfortunately, these consequences are not widely known, and so the results of a felony murder charge may seem very harsh. What Is Felony Murder? Prosecutors can charge a person with felony murder when someone else dies while the person is committing one of a list of specific felonies. In Oklahoma, these felonies include: Murder or attempted murder of another person Forcible rape Robbery with a dangerous weapon Kidnapping First degree burglary First degree arson Distribution of controlled dangerous substances Trafficking in illegal drugs Manufacturing or attempting to manufacture a controlled...

Continue reading
27 December
0 Comments
Sticky

Murder v. Manslaughter in Oklahoma DUI Cases

Posted by Clint
in Blog
Murder v. Manslaughter in Oklahoma DUI Cases

Oklahomans charged with DUI after seriously hurting or killing someone while driving may wonder about the charges against them. Drivers may be charged with first degree manslaughter in DUI cases, and it is different than a murder charge. What Is Murder Under the Law? Murder (or as lawyers call it, homicide) involves “malice aforethought”. This means that a person who killed another person had the intent to seriously harm or kill, or had an extreme and reckless disregard for life. Drunk drivers or drivers under the influence of drugs are not charged with murder very often, usually because it is hard...

Continue reading
29 June
0 Comments
Sticky

Entrapment and Oklahoma Drug-Related Crimes: What You Should Know

Posted by Clint
in Blog
Entrapment and Oklahoma Drug-Related Crimes: What You Should Know

Depending on the facts, a defendant charged with drug crimes in Oklahoma may use the affirmative defense of entrapment in court. You may have some understanding of entrapment from popular culture, but the legal definition of this defense is not the same as the cultural understanding. In court, entrapment has 2 specific requirements: The defendant has no previous intent or purpose to violate the law, and The defendant is induced or persuaded by law enforcement officers to commit a crime. Oklahoma Uniform Jury Instructions, OUJI-CR 8-25. Each requirement raises an important and sometimes difficult to prove issue. First, defendants who are...

Continue reading
20 June
0 Comments
Sticky

Defenses to Oklahoma Criminal Drug Charges

Posted by Clint
in Uncategorized
Defenses to Oklahoma Criminal Drug Charges

When you hire a criminal defense attorney because you were charged with a drug crime, your attorney will develop any defenses you have. Defenses are reasons why you did not commit a crime, why you cannot be convicted of a crime, or why evidence against you should be thrown out of court. For drug crimes specifically, there are a number of different defenses that may apply depending on the facts of your case. Elements of the Crime Not Proved Attorneys often argue either that the prosecution did not prove all the elements of the crime. The elements of the crime are the...

Continue reading
18 May
0 Comments
Sticky

Charged with Aiding and Abetting or Being an Accessory? Your Next Steps

Posted by Clint
in Blog
Charged with Aiding and Abetting or Being an Accessory? Your Next Steps

People accused of helping someone commit a crime fall into two categories: aiders and abettors, and accessories. If you have been charged with either aiding and abetting a crime or being an accessory, you probably have questions about these legal terms. An aiding and abetting charge means that prosecutors think the accused encouraged someone to commit a crime or advised him or her in its commission. To prove these charges, the prosecution must show that the aider and abettor acted with criminal intent or that he or she had knowledge of the person who committed the crime’s criminal intent. In other words,...

Continue reading
09 May
0 Comments
Sticky

What Are “Aggravated” Drug Crimes in Oklahoma?

Posted by Clint
in Blog
What Are Aggravated Drug Crimes in Oklahoma?

If you have been charged with a drug crime in Oklahoma, you need to understand the charges against you. This could be complicated depending on what crimes you have been charged with, because the state’s drug crime laws are not written in plain language. One word that criminal defendants may puzzle at is the term “aggravated” drug crime. Oklahoma drug crime law has tiered sentences and fines as crimes become more “serious” in the eyes of the law. A first offense for marijuana possession is a misdemeanor. In contrast, a first offense for possession of cocaine is a felony. Second and...

Continue reading
26 March
0 Comments
Sticky

Sentence Enhancements for Drug Crimes Involving Children

Posted by Clint
in Blog
Sentence Enhancements for Drug Crimes Involving Children

In Oklahoma, committing drug crimes that involve children leads to increased jail time and penalties. Specifically, the criminal sentence for the underlying crime will be doubled or tripled, with other restrictions imposed. This is known as a sentence enhancement. Drug court judges may impose sentence enhancements for people who use minors to distribute or transport drugs, for people who distribute drugs near schools, and for people who possess or buy drugs near schools or in the presence of young children. The enhancements emphasize the state’s focus on keeping drugs away from children under age 18 – both for safety reasons and...

Continue reading
23 March
0 Comments
Sticky

Drug Distribution and Trafficking: More Serious than Possession

Posted by Clint
in Blog
Drug Distribution and Trafficking: More Serious than Possession

In Oklahoma, a conviction of drug distribution, trafficking, or manufacturing is much more serious than possession of drugs because of the harsher sentences imposed. As discussed in a previous blog, possession of many common drugs carries a 5-year sentence for a first offense with a fine of $5,000. Subsequent convictions lead to longer sentences and larger fines, up to 15 years in prison and $10,000. 63 O.S. 2-402(B)(1). In contrast, distribution of Schedule I or II narcotics is a felony and carries sentences ranging from 5 years to life in prison and a $100,000 fine. These penalties also apply to anyone...

Continue reading
11 October
0 Comments
Sticky

Can a Drunk Driver Face Homicide Charges?

Posted by Clint
in Blog
Can a Drunk Driver Face Homicide Charges?

A drunk driver in Oklahoma can face homicide charges if his driving under the influence results in the death of another person. Many drivers who injure or kill others while under the influence of drugs or alcohol face manslaughter charges rather than homicide charges. Manslaughter charges require the prosecutor to prove different, and less demanding, requirements than homicide does. Unlike manslaughter, homicide requires a showing of intent. Usually, driver charged with homicide face second-degree murder or felony murder charges, not first-degree murder. First-degree murder is premeditated (“with malice aforethought”) and intentional or else the death occurs under one of the following...

Continue reading
18 August
0 Comments
Sticky

Intent in DUI and Possession Cases

Posted by Clint
in Blog
Intent in DUI and Possession Cases

People use the word “intent” in criminal cases all the time, but many do not realize that not all crimes require a showing of intent. For example, Oklahoma DUI laws have no intent requirements. As a result, it does not matter whether you intended to drive drunk. You can still be convicted of DUI. However, possession in Oklahoma does have an intent element – you must knowingly have possession. The intent requirement is known in criminal law as the mens rea. If a crime requires no mens rea – no general and specific intent – it is called a strict liability...

Continue reading