Wagoner Lawyer Blog How Does a Wagoner Court Define Shooting with Intent to Kill?

shooting with intent to killSometimes firearms accidents happen, but shooting with intent to kill is an entirely different matter. This is a felony crime in Wagoner, Oklahoma, and it carries a long prison sentence.

Elements of the Crime

In every criminal law, there are specific elements that must be proven to secure a conviction. All the elements must be proven beyond a reasonable doubt. If even one element is left unproven, there is no conviction.

Shooting with intent to kill in Oklahoma is the intentional and wrongful shooting of another with a firearm, with the intent to kill that person. For the purposes of this law, an unborn child also counts as a person.

These are the elements of the crime:

1) That the defendant acted wrongfully
2) and intentionally
3) in firing a firearm
4) with the intent to kill. (Okla. Stat. tit.21 § 652)

Additional Considerations

If you use a vehicle to facilitate the intentional discharge of a firearm, crossbow, or other weapon in conscious disregard for the safety of another person, you may also be convicted of shooting with intent to kill. The prison sentence ranges from two years to life. (Okla. Stat. tit. 21 § 652)

To be convicted, you do not need a specific intent to kill — only the conscious disregard for another’s safety. This portion of the statute is designed to discourage drive-by shootings.

Finally, if you use a deadly weapon in an assault and battery or attempt to kill another, including an unborn child, or commit assault and battery while resisting any legal process, you may be sentenced to life in prison.


Lack of intent or accidental discharge of the weapon are just two possible defenses. There are certain facts that tend to show the lack of intent to kill. Location of the shot is one such fact.

Let’s say a woman is walking down a dark alley late at night and hears someone behind her. She starts walking faster, and the steps behind her speed up as well. She takes out a gun and shoots the man following her in the foot. A foot injury is likely not a mortal wound, and shows a lack of intent to kill.

Unfortunately, guns can fire during cleaning. Sometimes we are not careful to remove ammunition before cleaning. If a firearm discharges accidentally during cleaning, it may show a lack of intent to kill depending on the other circumstances involved in the shooting.

A Wagoner felony defense attorney will know the local judges and will know what defenses those judges tend to accept. If you are under investigation or have been charged with this crime, hire local counsel as soon as possible.

Penalties for Shooting with Intent to Kill

If convicted of shooting with intent to kill, you could spend the rest of your life in prison. (Okla. Stat. tit.21 § 652)

The 85% Rule

Convictions under this statute come under the 85% Rule. That means that if convicted under this statute, you must serve 85% of your prison term before you will be eligible for parole. (Okla. Stat. tit. 21 § 31.1)

Free Consultation: Wagoner Criminal Defense Attorney

If you are accused of shooting with intent to kill in Oklahoma, talk to an experienced Wagoner criminal defense attorney as soon as possible. Do not wait and do not speak to the police. Remember that everything that you say to them can and will be used against you.

For a free consultation, call the Wirth Law Office – Wagoner at 918-485-0335.

As always, you have the option to enter a legal question in the form at the top right of this page.

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