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If you’re looking for the best sex crimes defense attorney, call Tulsa criminal defense attorney Stephen Cale at 918-277-4800. Attorney Stephen Cale of the Cale law office aggressively represents all of his clients. With your free initial consultation, you also get a free defense strategy plan, custom-made for your case.
Being charged with a sex crime or a crime against a child is one of the most serious charges a person can face. That’s why you need an experienced Tulsa criminal defense attorney who is dedicated and focuses his practice on criminal defense.
There are two instances in which a person may be convicted of child abuse. In one instance in order for a person to be convicted, the state would have to prove the unoriginal doubt each element of the crime. These elements are: 1) a person willfully or maliciously; 2) harms or threatened to harm the health, safety, or welfare; 3) of the child under the age of 18. Alternatively, the elements are 1) the person responsible for child’s health, safety, or welfare; 2) willfully or maliciously; 3) failed to protect from harm or threatened harm to the health, safety, or welfare; 4) the child under the age of 18.
A person convicted of child abuse is guilty of a felony. The range of punishment is one year in the county jail for up to life in prison. A person who enables child abuse can be punished in the same way. Enabling child abuse means causing, procuring or permitting of a willful or malicious active harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare of a child younger than 18 years old by another. The term permit means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows originally should know that the child is placed at risk because of abuse as set forth in the law.
Child neglect means willful or malicious neglect. It carries the same punishment as child abuse or enabling child abuse. That means that a person could be punished for one year the county jail or up to life in prison if convicted of that crime. Tulsa criminal defense attorney Stephen Cale said that these crimes are so serious because of the range punishment, and the stigma that goes along with some a who is convicted of this crime. He says that’s why anyone charged with a crime involving a child needs aggressive legal representation. Call Tulsa criminal defense attorney Stephen Cale at 918-277-4800 to schedule your free initial consultation.
Child sexual exportation includes, but is not limited to, allowing, permitting, or encouraging a child younger than 18 to gauge prostitution or allowing, permitting, encouraging or gauging a lewd, obscene or pornographic photography, filming, or depicting a child under 18 years. Any parent or the person convicted of force parental or oral sodomy, rape, rape by instrumentation, or lewd molestation a child under 14 years old after a previous conviction of those times the crimes may be punished by death or life in prison without parole, according to the state statutes. However, the death penalty is not likely to be constitutional, said Tulsa criminal defense attorney Stephen Cale.
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In a 2012 case, the defendant was convicted of child neglect after former conviction of two more felonies. The jury sentenced him to 23 years in prison. On appeal, he argued that the trial court erroneously instructed the jury on the range punishment for child neglect after former conviction of two or more felonies. The Oklahoma Court of Criminal Appeals agreed. The jury was incorrectly instructed that the range punishment was 20 years to life. Even though the defendant failed to timely object, this error constitutes plain error the required that the defendant’s sentence be vacated and that the case be remanded for resentencing with proper instructions on the range of punishment.
When a defendant with two more felony convictions is convicted of defense set forth in title 57, his range of punishment is 20 years to life. If a conviction is one offense not listed in section 571 of title 57, and the fence does not carry a minimum sentence for the first offense, the range of punishment is for years to life. While child abuse is listed as an offense under section 571, John neglect is not. Tulsa criminal defense attorney Stephen Cale said that the Oklahoma Court of Criminal Appeals is held that while some instances of child neglect might amount to child abuse, not every case a neglect is child abuse. The legislature clearly intended to create two separate criminal offenses when it comes to child abuse and child neglect.
Part of being an aggressive attorney means carefully reading the statutes. Details matter. For aggressive legal representation for major crimes, call the Cale law office at 918-277-4800 set up your free initial consultation.
The Oklahoma Court of Criminal Appeals rejected the defendant’s claim that he was denied a fair trial by admission of an proper expert opinion from a doctor who examined the victims for abuse and neglect. That pediatrician was qualified based on her training experience to testify on the subject of child neglect. Test me was helpful in admissible to assist the jury that the determination of the issues at trial. Any properly qualified expert testifying in accordance with standards governing the admissibility of expert testimony may offer an opinion on the ultimate issue if would help the trier of fact.
Being charged with a crime against a child is one of the worst things that innocent person can face. If you or someone you know has been charged with a crime, then you need to call the Cale law office at 918-277-4800. Attorney Stephen Cale has nearly 20 years of experience in fighting charges. He gets his clients excellent aggressive legal representation to try to achieve the best result possible. You need to hire someone like attorney Stephen Cale.
It’s important that you find an attorney who is focused on criminal defense. Focus allows a person to develop an expertise in a certain given area. Attorney Stephen Cale is dedicated to criminal defense. He’s not distracted by other areas of law, such as divorce or real estate. He gives his time and attention to criminal defense.