Shooting with intent to kill is a serious charge in Wagoner, Oklahoma. Read on to learn more about this crime.
Shooting With Intent to Kill Defined
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
The crime is a felony punishable by from 2 years to life in prison.
Elements and Defenses
Like all crimes, shooting with intent to kill has certain elements.
All these elements must be proven beyond a reasonable doubt in order for the prosecution to secure a conviction:
- the intentional and wrongful
- shooting of another or discharging of a firearm and
- done with the intent to kill any person.
Defenses to the crime are built on these elements. Any fact that tends to disprove any element of the crime can be extremely important to building a strong defense that could help you protect your freedom.
The issue of intent of the lack of intent is crucial in this crime. The prosecution must prove that a defendant had the intent to kill a person at the time the firearm is discharged. The intent is specific.
Proving intent to kill can be tricky. Most defendants don’t ever admit that they have the intent to end a person’s life. However, this intent can be implied from the defendant’s actions.
For example, if the firearm contains BB pellets, there may not be an intent to kill. However, a firearm that contains hollow-point bullets may imply a specific intent to kill.
An accidental shooting is a basis for a defense. Unfortunately, firearms can and do discharge accidentally, causing injury and death. This can occur when someone is cleaning a firearm.
The location of the shot could also be important evidence of an intent to kill or the lack of such an intent can support a lack of intention to kill. A shot to the hand or foot may show lack of intent, while a shot to the head or torso may indicate an intent to kill.
All facts are important in cases such as these. You should discuss all the facts of your case with your attorney to help build a strong defense.
The law against shooting with intent to kill also covers drive-by shootings. It is against the law to use a vehicle to facilitate the intentional discharge of a firearm, crossbow, or other weapon in conscious disregard for the safety of another person.
If convicted of this felony, you may be sentenced to 2 years to life in prison.
Shooting with intent to kill charges do not require specific intent to kill a person. Recklessly endangering the lives and safety of others is sufficient to secure a conviction.
The 85% Rule Applies
Violent offenses such as shooting with intent to kill ensure the application of Oklahoma’s 85% rule. If convicted, you must serve 85% of your prison term before you will be eligible for parole. Okla. Stat. tit. 21 § 31.1
If you are convicted of shooting with intent to kill, you could face many years in prison.
If you or a loved one are being charged with this crime, do not make the mistake of trying to explain the situation to police. Remember that what you say to them can and will be used against you. Call an experienced Wagoner criminal defense attorney instead.
Free Consultation: Wagoner Criminal Defense Attorney
This can be a frightening time. The criminal defense lawyers at Wirth Law Office – Wagoner are here to provide you a free consultation to discuss what our team can do to handle your criminal matter.
Contact us at 918-485-0335 to schedule your confidential and no-cost consultation. You may also contact us by email using the form at the top of this page.