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Burglary in Tulsa, Oklahoma is a serious crime that is punishable by lengthy prison sentences.

However, no person may be convicted of second-degree burglary in Oklahoma unless the State has proved beyond a reasonable doubt each element of the crime.

Defining Second-Degree Burglary in Oklahoma

In Tulsa, a person who breaks into or forcibly opens and enters into any place where property is kept, with intent to steal any property therein or to commit any felony, is guilty of burglary in the second degree. Okla. Stat. tit. 21 § 1435

Elements of second-degree burglary in Oklahoma are:

• breaking;
• entering;
• a building, room, booth, tent, railroad car, automobile, truck, trailer, vessel, structure, or erection;
• of another;
• in which property is kept;
• with the intent to steal or commit any felony.

OUJI-CR 5-13

Penalty for Burglary in Oklahoma

Second-degree burglary in Oklahoma is punishable by between two and seven years in state prison. Okla. Stat. tit. 21 § 1436

Initial Consultation: Tulsa Criminal Defense Attorney

When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa criminal defense attorney to discuss your available legal options.

Contact the Tulsa Criminal Defense Law Firm by calling 918-756-9600 or toll free at 1-888-447-7262.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

A charge of murder in Tulsa, Oklahoma always has serious implications. Not only could you serve life in prison, if convicted, but also the stigma of a murder charge can affect your personal life as well for years to come.

However, no person may be convicted of second-degree murder in Oklahoma unless the State has proved beyond a reasonable doubt each element of the crime.

Defining Second-Degree Murder in Oklahoma

The elements of second-degree murder in Oklahoma are:

• the death of a human;
• caused by conduct which was imminently dangerous to another person(s);
• the conduct was that of the defendant(s);
• the conduct evidenced a depraved mind in extreme disregard of human life;
• the conduct is not done with the intention of taking the life of any particular individual.

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“Imminently dangerous conduct” is conduct that creates what a reasonable person would realize as an immediate and extremely high degree of risk of death to another person.

A person evidences a “depraved mind” when he engages in imminently dangerous conduct with contemptuous and reckless disregard of, and in total indifference to, the life and safety of another. Reckless disregard of the safety of others is the omission to do something that a reasonably careful person would do in the performance of an act usually and ordinarily exercised by a person under similar circumstances and conditions. OUJI-CR 4-107

Second-degree murder in Oklahoma can also be committed while engaging in the commission of any felony other than the commission or attempted commission of murder of another person, including:

• shooting or discharge of a firearm or crossbow with intent to kill;
• intentional discharge of a firearm or other deadly weapon into any dwelling or building;
• forcible rape;
• robbery with a dangerous weapon;
• kidnapping;
• escape from lawful custody;
• eluding an officer;
• first-degree burglary;
• first-degree arson;
• unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances;
• trafficking in illegal drugs; or
• manufacturing or attempting to manufacture a controlled dangerous substance.

Penalty for Second-Degree Murder in Oklahoma

Second-degree murder in Oklahoma is a felony offense punishable by 10 years to life in prison. Okla. Stat. tit. 21 § 701.9

Initial Consultation: Tulsa Criminal Defense Attorney

When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa criminal defense attorney to discuss your available legal options.

Contact the Tulsa Criminal Defense Law Firm by calling 918-756-9600 or toll free at 1-888-447-7262.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

First-degree burglary in Tulsa, Oklahoma is a serious crime with lengthy prison sentences. However, no person may be convicted of burglary in the first degree unless the State has proved beyond a reasonable doubt each element of the crime.

If you are facing a charge of burglary in Tulsa, contacting an experienced Tulsa criminal defense attorney immediately will help you protect your rights and build the best case possible against this charge.

Defining First-Degree Burglary in Tulsa

In Tulsa, any person who breaks into and enters the dwelling house of another, in which there is at the time some human being, with intent to commit some crime therein can be charged with burglary in the first degree.

Elements of first-degree burglary in Tulsa are:

• breaking and;
• entering;
• a dwelling;
• of another;
• in which a human is present;
• with the intent to commit a crime within.

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A breaking and entering can be demonstrated by the following:

• forcibly bursting or breaking the wall, an outer door, window, or shutter of a window of such house; or the lock or bolts of such door; or the fastening of such window or shutter; or
• breaking in any other manner; being armed with a dangerous weapon; or being assisted or aided by one or more confederates then actually present; or
• unlocking an outer door by means of false keys; or
• by picking the lock thereof; or
• by lifting a latch or opening a window.

Okla. Stat. tit. 21 § 1431

Penalty for Burglary in Tulsa

Burglary in the first degree is punishable by between 7 and 20 years in state prison. Okla. Stat. tit. 21 § 1436

Initial Consultation: Tulsa Criminal Defense Attorney

When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa criminal defense attorney to discuss your available legal options.

Contact the Tulsa Criminal Defense Law Firm by calling 918-756-9600 or toll free at 1-888-447-7262.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

First-degree murder in Tulsa, Oklahoma is a serious crime in which the death penalty may be sought. You are innocent until proven guilty and you are entitled to a jury trial for the charge of murder in the first degree.

There are several potential defenses to murder in the first degree such as: self-defense, defense of one’s family, heat of passion, or accidental death without malice.

In addition, there may be other circumstances where a killing took place, but it may not amount to first-degree murder.

Defining First-Degree Murder in Tulsa

In order to be convicted of first-degree murder in Tulsa, the prosecutor must prove beyond a reasonable doubt that the defendant maliciously, and preplanned, an action that causes the death of another human being (including an unborn child.)

Malice is that deliberate intention unlawfully to take away the life. Okla. Stat. tit. 21 § 2312

A person can also commit the crime of murder in the first degree without malice, when the death takes place during or results from:

1. the commission or attempted commission of murder of another person;
2. the shooting or discharge of a firearm or crossbow with intent to kill;
3. the intentional discharge of a firearm or other deadly weapon into any dwelling or building;
4. forcible rape;
5. robbery with a dangerous weapon;
6. kidnapping;
7. escape from lawful custody;
8. eluding an officer;
9. first-degree burglary;
10. first-degree arson;
11. unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances;
12. trafficking in illegal drugs; or
13. manufacturing or attempting to manufacture a controlled dangerous substance.

It is also sufficient for the crime of first-degree murder that the defendant either willfully tortured or used unreasonable force upon a child or maliciously injured or maimed a child where it resulted in death.

In addition, soliciting another person(s) to cause the death of a human being in furtherance of unlawfully manufacturing, distributing, or dispensing controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act is also considered murder in the first degree.

A person also commits murder in the first degree when that person intentionally causes the death of a law enforcement officer or correctional officer in the performance of official duties.

First-Degree Murder in Tulsa Penalties

First-degree murder in Tulsa shall be punished by death or life in prison with or without parole. Okla. Stat. tit. 21 § 2312

Death Penalty

For a sentence of death to be imposed for first-degree murder, at least one or more aggravating circumstances must be found present or the aggravating factors must outweigh the mitigating circumstances:

Aggravating circumstances shall be:

1. The defendant was previously convicted of a felony crime involving the use or threat of violence to the person;
2. The defendant knowingly created a great risk of death to more than one person;
3. The person committed the murder for remuneration or the promise of remuneration or employed another to commit the murder for remuneration or the promise of remuneration;
4. The murder was especially heinous, atrocious, or cruel;
5. The murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution;
6. The murder was committed by a person while serving a sentence of imprisonment on conviction of a felony;
7. The existence of a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society; or
8. The victim of the murder was a peace officer and was killed while in performance of official duty.

Those convicted of first-degree murder or attempted first-degree murder in Tulsa will also be required to register under the Mary Rippy Violent Crime Offenders Registration Act. Okla. Stat. tit. 21 § 593

Initial Consultation: Tulsa Criminal Defense Attorney

When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa criminal defense attorney to discuss your available legal options.

Contact the Tulsa Criminal Defense Law Firm by calling 918-756-9600 or toll free at 1-888-447-7262.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

 

An innocent moment of streaking can turn into a criminal charge in Tulsa, Oklahoma. Indecent exposure in Oklahoma is the act of lewdly exposing one’s genitals in any public place where others can be offended or annoyed. Okla. Stat. tit. 21 § 1021

A conviction of indecent exposure in Oklahoma is a felony offense with serious consequences, including the obligation to register as a sex offender.

A consultation with an experienced Tulsa criminal defense lawyer is recommended in order to build the best defense against this charge.

Defining Indecent Exposure in Oklahoma

A criminal charge of indecent exposure in Oklahoma must be the result of an act that was willfully and knowingly done in a lewd manner. If the defendant reasonably believed his act to be private, it is not indecent exposure.

Helping someone else to expose themselves publicly in order to sexually stimulate another person and exhibiting, publishing, or distributing any obscene material or child pornography are also covered under the indecent exposure statute.

The act of public urination, however, is excluded as an act of indecent exposure in Oklahoma – unless it was accompanied by another sex crime.

Penalties for Indecent Exposure in Oklahoma

A conviction of indecent exposure is a felony offense. This is punishable by a fine between $500 and $20,000, by imprisonment from 30 days to 10 years, or both. In addition, a conviction will require registration as sex offender.

Indecent acts where a minor child are involved carry much more severe punishments from 10 to 30 years in prison. When the child involved is under 12 years old at the time the offense is committed a conviction carries a minimum prison sentence of 25 years.

Initial Consultation: Tulsa Criminal Defense Attorney

If you or someone you know is accused of indecent exposure in Oklahoma, please contact a Tulsa felony criminal defense attorney to discuss your available legal options.

Consult with an experienced attorney at Wirth Law Office – Tulsa today, by calling 918-756-9600 or toll free at 1-888-447-7262 (Wirth Law).

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.