An Oklahoma City violent crimes attorney specializes in defending individuals facing allegations of a crime that is violent in nature. Violent crimes include murder, manslaughter, assault, rape, sexual battery, robbery, domestic violence, weapons charges, and kidnapping. Violent crimes in Oklahoma include not only those which cause significant bodily injury to a victim, but also crimes in which harm is merely threatened. In many cases, a threat of harm with the apparent ability to carry through with the threat is grounds enough for a criminal charge. For example, assault is defined not only by physical harm to another person, but also by intimidation alone. The violent crime defense attorneys at Phillips & Associates represent individuals charged with any violent crime. Our lawyers have a deep knowledge of Oklahoma criminal law and a strong record of success in defending clients facing charges involving violence. Success in violent crime cases involves a reduction of charges, plea bargains, or a dismissal of charges.
Our Violent Crimes Attorney Reviews
Best Violent Crime Defense Lawyer Oklahoma City, Near Me
The best violent crimes defense attorney will do everything within their power to secure the best result for their clients. The defense attorneys at Phillips & Associates are dedicated to defending the rights of our clients, and working diligently on their behalf. We handle each case with discretion and treat each individual we represent with dignity. You are innocent unless proven guilty. Let us help you protect your innocence and preserve your rights. Call today for a free evaluation with the best criminal attorney in OKC.
If you have been charged with a crime as a violent offender, you are likely facing penalties greater than those faced by individuals charged with misdemeanors and nonviolent felonies. Swift and experienced legal counsel is necessary for ensuring the protection of your rights during investigation and prosecution. At Phillips & Associates, our winning record demonstrates our commitment to protecting defendants' rights and to providing our clients with the highest quality legal services and defense representation available.
Violent Crime Charges We Defend
The criminal defense attorneys at Phillips & Associates defend clients facing violent crime charges including murder, manslaughter, assault, rape, sexual battery, robbery, domestic violence, weapons and firearms offenses, and kidnapping. Our attorneys are well-equipped to handle any criminal charge because of our deep knowledge of Oklahoma criminal law, courtroom experience, and case-specific strategies. The violent crime charges we defend are listed below.
- Murder: Under Oklahoma law, murder is a violent offense that involves the unlawful killing of a human being. Murder charges are divided into first degree murder and second degree murder charges.
- Manslaughter: Manslaughter is a violent criminal offense involving the unlawful killing of another person without intent to cause death, typically resulting from reckless behavior, negligence, or emotionally charged actions rather than deliberate planning. Manslaughter charges are divided into first degree (21 O.S. § 711) and second degree (21 O.S. § 716) manslaughter.
- Assault: Assault is a violent criminal offense that is charged as a Class B4 felony in Oklahoma. Assault involves intentionally attempting to cause bodily harm to another person with no justifiable or excusable cause. Under Oklahoma law, assault includes committing an assault, battery, or assault and battery.
- Rape: Rape is a violent crime in which the act of nonconsensual sexual intercourse, either vaginal or anal penetration, takes place with a male or female. In Oklahoma, rape charges are categorized into first degree and second degree charges. First degree rape in Oklahoma is a Class A2 felony that includes rape or rape by instrumentation committed under specific aggravating circumstances. Second degree rape in Oklahoma is a Class B2 felony that applies to rape cases that do not meet the legal requirements to be considered first degree rape.
- Sexual Battery: Sexual battery in Oklahoma is a Class B4 felony offense that involves the knowing and intentional, lewd, and lascivious touching of the body or private parts of another person who is sixteen years of age or older. Sexual battery (§21-1123v3) charges do not require sexual penetration.
- Robbery: Robbery is a violent crime that involves taking money or property from another person using force, threat, or fear. The defining feature of robbery is violent confrontation. Robbery is categorized into first and second degree charges under Oklahoma law.
- Domestic Violence: Domestic violence refers to certain crimes committed against a family member, roommate, current or former romantic partner, or a someone in a romantic relationship. Domestic violence is not a specific criminal offense in Oklahoma, so the conduct must satisfy the elements of a criminal statute.
- Weapon and Firearm Offenses: Weapons and firearms charges involve violations of Oklahoma laws regulating the possession, carrying, use, or discharge of firearms or other weapons. Weapons and firearm offenses include unlawful possession, carrying in a prohibited place, possession by a prohibited person, or using a weapon during another crime.
- Kidnapping: Kidnapping means taking, restraining, or moving another person without legal authority. Kidnapping is a class B2 felony that involves the intent to hold that person against their will, take the person out of the state, or force the person to remain in service against their will.
Specific defense strategies vary depending on the crime or crimes with which a defendant is charged and the unique circumstances for each case. Our attorneys closely evaluate each case to determine the optimal strategies for defense, and we are committed to obtaining the best result possible.
In Oklahoma, violent crimes are typically prosecuted as felonies. In many cases, they are subject to what is known as the "85 Percent Rule." This means that individuals convicted of certain violent felonies must serve at least eighty-five percent of their sentences before becoming eligible for parole. In addition, most violent felonies are ineligible for record expungement, meaning that even after a sentence is served and even if the convicted felon never has any more trouble with the law, he or she will be unable to clear his or her criminal record. Felony conviction also carries collateral consequences, including the loss of one's right to possess firearms, loss of voting rights, and the inability to obtain or keep certain professional licenses.
What Are the Defense Strategies for Violent Crimes in Oklahoma?
The strategies used by violent crime defense attorneys in Oklahoma include challenging identification, self-defense or the defense of others, lack of intent, accident or lack of criminal conduct, challenging witness statements, suppressing evidence, and disputing the level of force or injury. The defense strategies used to fight violent crime charges are listed below.
- Challenging identification - Showing that a witness misidentified the accused or that the identification process was unreliable.
- Self-defense or defense of others - Arguing that the use of force was legally justified under the circumstances.
- Lack of intent - Disputing that the defendant acted intentionally, knowingly, or with the mental state required by the charge.
- Accident or lack of criminal conduct - Showing that the injury or death was accidental or did not result from criminal behavior.
- Challenging witness credibility - Pointing out inconsistencies, bias, or motives to lie in witness statements.
- Suppressing illegal searches or statements - Seeking to exclude evidence obtained through unlawful searches, seizures, or police questioning.
- Disputing the level of force or injury - Arguing that the conduct does not meet the legal definition of the charged violent offense.
Due to the harsh punishments handed down for violent crimes, defense attorneys use a wide range of defense strategies in order to prove innocence, negotiate for reduced charges, or reduce jail time.
