Tag: felony

New Oklahoma laws in 2016 Part VII – Collection of DNA for felony arrests

If you’re arrested for a felony in Oklahoma, your DNA will now be taken. Simple as that!

Although I’m not a fan of the government having more information on us, I know that the collection of DNA in this manner has exonerated many people who have been wrongly convicted. So, I hope this law helps more people than it harms by the intrusion into our liberty.

The enacted legislation: HB 2275.

The primary statute: 22 OS § 210.

If you or anyone you know has been arrested —

Don’t panic! Call Urbanic.

405-633-3420

New Oklahoma laws in 2016 Part V – Threshold for property crimes to be charged as a felony raised to $1,000

HB 2751 raises the threshold for property crimes to be charged as a felony to $1,000. It includes charges for the following theft crimes: embezzlement, bogus check, taking by false pretenses, receiving or concealing stolen property, forged or counterfeited instrument, larceny, and shoplifting (third and subsequent offense).

Grand larceny will be defined as the unlawful taking of property valued at over $1,000. Petit larceny is property taken that is valued at $1,000 or less.

Succinctly: it’s a felony if you steal over $1,000 worth of stuff.

I think this will greatly cut down on the amount of cases charged as felonies, so this is a good bill. No telling the last time this threshold was moved, so it makes sense to move it every once in a while to account for inflation.

Although what would have been charged as a felony will now be charged as a misdemeanor, it’s still not a good thing to have a theft conviction on your record. Theft is a crime of moral turpitude, which puts it a category of crimes that is worse than the other category. It will be more difficult–if not impossible–to get a job where you’re dealing with money if you have a conviction for a crime of moral turpitude on your record.

The text of HB 2751 can be found here. It goes into effect November 1, 2016.

This bill amends numerous sections in Title 21 of the Oklahoma Statutes.

If you’ve been charge with a theft crime in Oklahoma–

Don’t panic! Call Urbanic.

405-633-3420

New Oklahoma laws in 2016 Part II – Discretion to file misdemeanor charges under certain circumstances

HB 2472 gives prosecutors discretion to file charges for non-85% crimes as misdemeanors instead of felonies. Eighty-five percent crimes are considered to be particularly bad crimes. They include murder, first-degree rape, and child molestation. They are found in 21 OS 13.1: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=104306.

So, this new law means that any felony not listed in 21 OS 13.1 can be charged as a misdemeanor. This is a huge deal because there are a ton of ways that someone can get charged with a felony in Oklahoma. This will prevent our prisons and courts from becoming clogged up with people who are accused of crimes that are technically felonies but are not on the heinous end of the spectrum. I think if prosecutors take advantage of this new law then we will see people get out of the system much more quickly.

Being a convicted felon sucks, and it will damage someone for life. This law requires the prosecutor to use their discretion when deciding whether or not to file a felony as a misdemeanor by looking into the nature of the criminal offense and the age, background and criminal history of the person who committed the criminal offense–among other things. This will be particularly helpful to young people and people who committed crimes where nobody was hurt.

The entire text of the bill can be found here: http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/hB/HB2472%20ENR.PDF. It will be codified in 22 OS 234. This law goes into effect November 1, 2016

If you or anyone you know has been arrested in Oklahoma for any crime —

Don’t panic! Call Urbanic. 405-633-3420