Shooting with intent to kill in Okmulgee, Oklahoma is a serious crime to be charged with. Oklahoma law contains three subdivisions that encompass a wide variety of intent to kill crimes and demand a maximum of life in prison if convicted.
What is Shooting with Intent to Kill in Okmulgee?
The intentional and wrongful firing of a firearm at another with the intention of killing that person is a felony crime in Oklahoma and punishable by life in prison. Okla. Stat. tit. 21 § 652
Shooting with intent to kill is a crime of intent. You must have the intent to kill when the firearm is discharged. An accidental shooting does not fall within purview of the statute.
Penalties
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 be convicted of a felony and sentenced to two years to life in prison.
Under this part of the statute, you do not need a specific intent to kill, only the conscious disregard for another’s safety in order to be convicted. This statute is designed to capture drive by shootings and prosecute them to the fullest extent possible.
If you use a deadly weapon in an assault or battery or try to kill someone – including an unborn child – you may be guilty of an additional felony offense. The same applies if you commit an assault and battery in the process of resisting arrest or resisting any other legal action. Such crimes could also lead to life in prison.
However, all shooting with intent to kill laws do not apply to a woman having a legal abortion.
The 85% Rule
Convictions under the shooting with intent to kill 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
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or someone you know is charged with shooting with intent to kill in Oklahoma, call 918-756-9600 right away for a initial strategy session with an Okmulgee criminal defense attorney.
You may also send a message to the Wirth Law Office – Okmulgee through this website. All inquiries are confidential.
