First Degree Rape - Tulsa Trial Attorneys
Client Reviews From First Degree Rape Cases
"MY FAMILY HAS HAD A LOT OF ATTORNEYS, BUT NONE HAVE EVER FOUGHT HARDER OR BEEN SUCH FIERCE ADVOCATES IN THE COURTROOM AS THESE TWO." D.A.
"THEY KNOW THE LAW, AND THEY AREN'T AFRAID OF HEARINGS OR TRIAL. THEY GOT ME A VERY GOOD OFFER, BUT I TURNED IT DOWN AND SAID I WANTED TO GO TO TRIAL. THEY DIDN'T ARGUE WITH ME LIKE MY LAST ATTORNEY. CIERA AND BRIAN SIMPLY EXPLAINED THE RISKS AND WHEN I TOLD THEM I WAS SURE ABOUT GOING TO TRIAL, THEY WENT AHEAD AND FOUGHT HARDER THAN ANY ATTORNEYS I HAVE EVER SEEN. THE END RESULT WAS A NOT GUILTY!" D.T.
First and foremost, call us right away at 918-884-7791. Depending on your circumstance and your charges, you may have a specific time to respond. Whenever there is an arrest, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. With a DUI there are four key issues that are effected by waiting;
IF YOU HAVE BEEN FALSELY ACCUSED OF DRINKING WE NEED TO HAVE YOU TAKE AN ETG TEST AS SOON AS POSSIBLE,
YOU ONLY HAVE 15 DAYS TO CHALLENGE THE SUSPENSION OF YOUR LICENSE,
EARLY SUBPOENAING OF DASH CAM VIDEO AND CHEMICAL BREATH TESTING SERVICE LOGS MAKES FOR A QUICKER RESOLUTION,
DEPENDING ON YOUR IMMIGRATION STATUS RECEIVING A REASONABLE BOND FROM THE STATE MAY MAKE ALL THE DIFFERENCE BETWEEN SITTING IN JAIL OR AT HOME AWAITING RESOLUTION OF YOUR CASE.
Rape in First Degree
Rape or rape by instrumentation in the first degree shall include:
1. Rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age;
2. Rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime;
3. Rape accomplished where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit;
4. Rape accomplished where the victim is at the time unconscious of the nature of the act and this fact is known to the accused;
5. Rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime; or
6. Rape by instrumentation regardless of the age of the victim or the age of the person committing the crime.
In all other cases, rape is rape in the second degree. 21 O.S. 1114
Rape in First Degree - Elements
No person may be convicted of rape in the first degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) sexual intercourse;
(2) with a person who was not the spouse of the defendant [and who may be of the same sex as the defendant];
(3) where the defendant was over the age of eighteen, and the victim was under the age of fourteen].
(3) where the victim was incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent].
(3) where the victim was intoxicated by a/an narcotic/(anesthetic agent);
(4), (given by) / (with the knowledge of) the defendant;
(5) as a means of forcing the victim to submit.
(3) where the victim was at the time unconscious of the nature of the act and this fact was known by the defendant].
(3) [where force / violence was used against (the victim) / (another person)] / [where force / violence was threatened against (the victim) / (another person) and the defendant had the apparent power to carry out the threat of force/violence].
Rape in First Degree - Punishment
Mutiple Amendments Enacted During the 2002 Legislative Session
Rape in the first degree is a felony punishable by death or imprisonment in the State Penitentiary for a minimum of five (5) years, except as provided in Section 3 of this act, in the discretion of the jury, or in case the jury fails or refuses to fix the punishment then the same shall be pronounced by the court.
Rape in the first degree is a felony punishable by death or imprisonment in the custody of the Department of Corrections, for a minimum term of five (5) years, life or life without parole. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this section shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment. Any person convicted of a second or subsequent violation of subsection A of Section 1114 of this title shall not be eligible for any form of probation. Any person convicted of a third or subsequent violation of subsection A of Section 1114 of this title or of an offense under Section 888 of this title or an offense under Section 1123 of this title or sexual abuse of a child pursuant to Section 843.5 of this title, or any attempt to commit any of these offenses or any combination of these offenses shall be punished by imprisonment in the custody of the Department of Corrections for life or life without parole. 21 O.S. 1115
Charged with a Sex Offense in Oklahoma
Rape, and other Sex Offenses, are not only some of the most serious crimes that a person can be charged with, but they carry some of the most extensive and lasting consequences if convicted. Individuals convicted of a sex crime, are required to register as a sex offender, which will affect where they can live, work, and travel for the rest of their life. Beyond that, the emotional toll it will take on the person and their family is immeasurable.
Unfortunately, when it comes to allegations of Rape or other Sex Crimes, many people have a tendency to see the accused person as guilty until proven innocent. This is the opposite of how it should be. It can quickly turn into a witch-hunt without the proper legal representation. This can be very frustrating and you will want to protest. The danger is that even your words of protest and your attempts to explain may be twisted and used against you. You must be very very careful.
This is an overwhelming, stressful, and uncertain time for both you and your family. Let an experienced team of attorneys help guide you through this scary time. Make sure that your attorney is experienced, aggressive, and compassionate.
What is Rape?
Rape is an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex as the perpetrator under any of the following circumstances:
1. Where the victim is under sixteen (16) years of age;
2. Where the victim is incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent;
3. Where force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person;
4. Where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit;
5. Where the victim is at the time unconscious of the nature of the act and this fact is known to the accused;
6. Where the victim submits to sexual intercourse under the belief that the person committing the act is a spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused or by the accused in collusion with the spouse with intent to induce that belief. In all cases of collusion between the accused and the spouse to accomplish such act, both the spouse and the accused, upon conviction, shall be deemed guilty of rape;
7. Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim, or the subcontractor or employee of a subcontractor of the contractor of the state or federal government, a county, a municipality or a political subdivision that exercises authority over the victim;
8. Where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system;
9. Where the victim is nineteen (19) years of age or younger and is in the legal custody of a state agency, federal agency or tribal court and engages in sexual intercourse with a foster parent or foster parent applicant; or
10. Where the victim is at least sixteen (16) years of age but less than eighteen (18) years of age and the perpetrator of the crime is a person responsible for the child's health, safety or welfare. "Person responsible for a child's health, safety or welfare" shall include, but not be limited to:
a. a parent,
b. a legal guardian,
d. a foster parent,
e. a person eighteen (18) years of age or older with whom the child's parent cohabitates,
f. any other adult residing in the home of the child,
g. an agent or employee of a public or private residential home, institution, facility or day treatment program as defined in Section 175.20 of Title 10 of the Oklahoma Statutes, or
Second Degree Rape - Punishment
Rape in the second degree is a felony punishable by imprisonment in the State Penitentiary not less than one (1) year nor more than fifteen (15) years. 21 O.S. 1116
Sex Offender Registration Act (SORA)
Both First and Second Degree Rape require that you register under the Sex Offender Registration Act (SORA).
Other Sex Crimes
First Degree Rape
Sex Crime Definitions
First Degree Rape Litigation Expertise
Rape and other Sex Offense charges in Oklahoma require an aggressive defense. No matter which sex offense charges you face, it is important to have an attorney who will help you navigate the complex judicial system and provide you with a clear understanding of the charges you face. When defending sex crime charges, it is necessary to obtain experienced, aggressive, and compassionate representation quickly. The smallest detail or piece of evidence can make all the difference. The longer you wait to hire a criminal defense attorney the greater the stress and the greater the advantage to the prosecution.