Planning or threatening a violent act in Oklahoma has serious consequences. Even if you never act on it, the mere threat or planning of a violent act can get you into serious trouble. Anyone who attempts, conspires to endeavor to cause someone else grave bodily injury or death is guilty of a felony, punishable by up to 10 years in jail. Okla. Stat. tit. 21 § 1378
If you threaten to perform a violent act involving serious bodily harm or death, you can be found guilty of a misdemeanor in Oklahoma, punishable by up to six months in county jail. And if you plan an action that will cause serious bodily injury or death to another with the intent to perform the action — whether alone or with the help of others — you can be found guilty of a felony and sentenced up to 10 years in jail. Okla. Stat. tit. 21 § 1378
The difference between threatening a violent act and planning a violent act may feel like splitting hairs, but the difference could be quite important in terms of the penalties you could face if convicted.
It is important to understand that no action needs to be taken to further the plan in order to be found guilty. Planning in and of itself is sufficient action to be found guilty of a felony in Oklahoma. And merely threatening is enough to convict you of a misdemeanor.
Serious Bodily Injury or Death from Violent Act
Society has deemed it a serious matter to plan or threaten someone with serious bodily injury or death. Many of these cases and their defenses are rooted in the question of what constitutes serious bodily injury. Oklahoma courts have wrestled with this terminology and have stated that we should take their ordinary meaning to heart.
This is somewhat imprecise, but it allows a court substantial freedom to determine whether an injury is minor or serious. If the intended injury is minor, it will not be sufficient to be found guilty. The prosecution carries the burden of proving that the intent was to cause serious bodily injury or death in order to secure a conviction, and that will depend upon the facts of each case.
You will want an experienced criminal defense attorney to help you through every step of a criminal prosecution against you. Your Oklahoma City criminal attorney will help preserve your freedom when it counts.
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