Intent to Kill Crimes In Oklahoma
We all know that shooting with the intent to kill someone is a serious crime. Like all crimes rooted in violence, this crime has serious repercussions if you are charged or convicted. An attempt to kill is always taken seriously in Oklahoma. Here are some things that you might want to know about the crime and how it is handled in Oklahoma.
Shooting with intent to kill in Oklahoma is defined as the intentional and wrongful firing of a firearm at another with the intention of killing that person, including an unborn child. Okla. Stat. tit. 21 § 652.
This is a crime of intent. You must have the intent to kill when the firearm is discharged. If the shooting is accidental, or if there was no intent to kill at the time that the firearm is discharged, then the shooting does not fall within the purview of this statute. Lack of intent to kill and accidental firing are both defenses to this crime.
An accidental shooting can occur when someone is cleaning a firearm. Unfortunately, accidental shootings have occurred in some types of firearms just from handling the firearm.
The bodily location of the shot within the person of the victim may be instrumental in defense of this crime. A shot to a foot or hand will likely show no intent to kill. A shot to the head or torso is more likely to show intent to kill.
The crime is a felony in Wagoner, Oklahoma and is punishable by life in prison.
If you use a vehicle to facilitate the intentional discharge of a firearm, crossbow or another weapon in conscious disregard for the safety of another person, you may also be convicted of a felony and sentenced to a prison term from as little as two years to as much as life. Okla. Stat. tit. 21 § 652.
This statute is designed to capture drive-by shootings. To be convicted, you do not need a specific intent to kill, only the conscious disregard for another’s safety.
If you intentionally and wrongfully use a deadly weapon in any sort of assault and battery, you could go to prison for life. Okla. Stat. tit. 21 § 652. This crime does not require any proof of an intent to kill and may be charged when such proof is lacking.
The 85% Rule
Convictions under this statute come under the 85% Rule. This means that if convicted under this statute, you must serve 85% of your prison term before you are eligible for parole. Okla. Stat. tit. 21 § 31.1.
A conviction under this statute will change your life forever. Before you talk to the police make sure you protect your rights and your freedom by talking to an experienced Wagoner criminal defense attorney.
Call for a Free Consultation With An Experienced Wagoner Criminal Attorney
We will fight for you. The prosecution is doing its best to convict. Do your best to acquit. For a free consultation with a Wagoner, Oklahoma criminal lawyer call the Wirth Law Office – Wagoner at (918) 485-0335 (or toll-free at (888) Wirth-Law). Or, as always, you may enter a legal question in the form at the top right of this page.