Tulsa Attorney Blog
Oklahoma Law: Do I Have to Pay Child Support if My Ex Has Our Child for Summer Break?
Need legal advice on child support during summer break in Oklahoma? Attorney Lindsay McDowell at Wirth Law Office has the answers. Read more »Aggravated Battery vs. Maiming in Oklahoma: What’s the Difference?
Learn the difference between aggravated battery and maiming in Oklahoma. Punishments range from 1-5 years to life imprisonment. Read more »What Is Assault and Battery with a Dangerous Weapon in Oklahoma?
Assault and battery with a dangerous weapon in Oklahoma from attorney James Wirth. Find out what the state must prove to secure a conviction. Read more »Misdemeanor vs. Felony: What’s the Difference in Oklahoma?
Learn the difference between a misdemeanor and a felony in Oklahoma with Mayes County Attorney Lindsay McDowell. Read more »What Is Maiming under Oklahoma Criminal Law?
Maiming is a serious offense under Oklahoma criminal law. In this informative blog post, Tulsa attorney James Wirth breaks down the elements required to prove maiming beyond a reasonable doubt. Unlike simple assault and battery, maiming requires a physical injury that disfigures, disables, or seriously diminishes physical vigor, and the intent to cause any injury. If convicted of maiming, the punishment can range from zero to life imprisonment for a first offense. Wirth advises anyone facing an allegation of maiming to seek legal advice from a qualified attorney. Visit makelaweasy.com to schedule a confidential consultation with Wirth's firm. Read more »When Does Assault & Battery Become Maiming in Oklahoma?
Learn when assault and battery become maiming in Oklahoma with James Wirth. Discover the differences between misdemeanor and felony charges. Read more »What Is the Punishment for Assault and Battery in Oklahoma?
Wondering about the punishment for assault and battery in Oklahoma? Attorney James Wirth breaks it down in this informative video. Read more »What Is Aggravated Assault and Battery under Oklahoma Law?
Learn about aggravated assault and battery under Oklahoma law and what makes it a felony and the potential punishments. Read more »What Is Assault under Oklahoma Criminal Law?
Discover what assault means under Oklahoma criminal law with Tulsa Attorney James Wirth. Learn about the elements and potential punishment. Read more »What Is Assault & Battery under Oklahoma Criminal Law?
Assault and battery is a criminal offense in Oklahoma, punishable by up to 90 days in jail for a simple case. In this blog post, Oklahoma lawyer James Wirth breaks down the elements of the crime and what constitutes assault and battery. The law requires that the state proves each element beyond a reasonable doubt for someone to be convicted. These elements include the use of force or violence upon another person, without their consent and without self-defense. If you're being accused of assault and battery, it's best to consult a lawyer privately and confidentially to receive legal advice specific to your circumstances. Read more »If Your Girlfriend’s Pregnant How Can You Ensure You Get on the Birth Certificate in Oklahoma?
Learn how to ensure you get on the birth certificate if your girlfriend is pregnant. Attorney James Wirth explains the process in Oklahoma. Read more »Oklahoma Supreme Court Decides How McGirt Affects Deprived Child Jurisdiction (2023 OK 49).
The Oklahoma Supreme Court has made a decision on how McGirt affects jurisdiction in deprived children's proceedings in the state. Read more »McGirt: OCCA “Disregards Basic Principles of Law” to Resurrect Vacated Conviction & Sentence
In a recent decision, the Oklahoma Court of Criminal Appeals has been accused of disregarding basic principles of law to resurrect a vacated conviction and sentence. The case in question involves a member of an Indian tribe who was previously convicted in Tulsa County. Following the McGirt decision, it was established that the northeast part of the state of Oklahoma is still considered Indian country, which means the state lacks the authority to prosecute Indians for crimes. The defendant filed for post-conviction relief, and the sentence was vacated. However, the Oklahoma Court of Criminal Appeals completely reversed the decision, leading to the resurrection of the conviction and sentence. Read more »Why We Don’t Do Drafting Services at the Wirth Law Office
Find out why the Wirth Law Office doesn't offer drafting services. Tulsa Attorney James Wirth explains why and why it's not always helpful. Read more »By When Must the State Provide the Evidence against a Defendant in Oklahoma? (22 O.S. 2002)
Learn about the discovery process in Oklahoma criminal cases. Find out when the state must provide evidence against a defendant. Read more »What Is the Discovery Deadline in an Oklahoma Criminal Case?
Learn about the discovery deadline in an Oklahoma criminal case from James Wirth. Get the information you need for a fair trial. Read more »The Prosecutor Provides New Evidence Four Days before Trial! What Will the Oklahoma Court Do?
Discover the case of Renee Estrada versus the state of Oklahoma, with the prosecutor providing new evidence four days before trial. Read more »Preliminary Hearing Discovery: To What Is a Defendant Entitled in Oklahoma? (22 O.S. 258)
Learn about preliminary hearing discovery in Oklahoma criminal cases. Find out what the state is required to disclose to the defendant. Read more »Can Special Judges Hear Family Law Cases in Oklahoma?
Can special judges hear family law cases in Oklahoma? Yes, they can. However, there are limitations to their jurisdiction. Special judges, also known as magistrates, are the lowest level judges in the court system and are appointed by district judges. They can hear civil cases for the recovery not exceeding $10,000, uncontested default matters for the recovery of money where it's sought is a greater sum of $1,000, and actions for forcible entry and detainers, among other cases. When it comes to family law, they can handle all types of matters except for non-lawyer special judges. If you have questions related to family law in Oklahoma, it's best to consult with an attorney. Read more »How Much Money Do Oklahoma District Court Judges Make?
Find out how much money Oklahoma district court judges make with this simple answer from Tulsa attorney James Wirth. Read more »What Is a District Judge in Oklahoma?
What a district judge is in Oklahoma with Tulsa attorney James Wirth. Discover the responsibilities, roles, and salary of district judges. Read more »What Is an Associate District Judge in Oklahoma?
Role of an associate district judge in Oklahoma's trial level court. Get answers from Tulsa attorney James Wirth at makelaweasy.com. Read more »What Is a Special Judge in Oklahoma?
Special judges in Oklahoma from lawyer James Wirth. Special judges are appointed by district judges and handle lower-level proceedings. Read more »Criminal Statutes of Limitation Are Jurisdictional Bars to Prosecution in Oklahoma
Criminal statutes of limitations are a bar to prosecution. But what about in a criminal case? Does that deprive the prosecutor of the authority to prosecute, or is it on the defendant to determine that it's an issue and file a motion to dismiss? Tulsa attorney James Wirth breaks down the issue of statute of limitations in criminal cases and how they're treated in Oklahoma. In this informative post, he explores the precedent set by Cox v. State and the recent case of Starland v. Hill v. State of Oklahoma. If you're dealing with a criminal offense in Oklahoma, it's best to seek private, confidential advice specific to your circumstances. Read more »Are There Sentences Longer than Life in Oklahoma?
Did you know there are sentences longer than life in Oklahoma? According to attorney James Wirth, who practices in Tulsa, life in prison is not actually the longest sentence. In fact, the Oklahoma Department of Corrections defines life as serving 45 years. However, in cases where a jury can sentence someone to zero to life, they can technically give a person any number of years, even if it surpasses 45. This can lead to confusing and interesting results when juries don't understand the meaning of their sentencing. If you're facing a criminal case in Oklahoma, seek legal advice from an attorney like James Wirth for a better understanding of your options. Read more »
