Shooting with the intent to kill in Oklahoma City. Okla. Stat. tit. 21 § 652 makes shooting with intent to kill even an unborn child a criminal offense.
The maximum penalty for this felony in Oklahoma City is life in prison. If you are charged with discharging a firearm with intent to kill another, you should seek representation. A competent lawyer is more likely to help you win against a tough prosecutor and retain your freedom when facing shooting with intent to kill charges.
The Elements Of Shooting With Intent To Kill In Oklahoma City
However, the state must prove the case they have against a defendant. The state must prove beyond a shadow of a doubt the following three elements.
- you wrongfully and intentionally
- shot at another person or discharged a firearm,
- with the intent to kill any person.
OUJI-CR 4-4
Use Of A Vehicle To Facilitate The Discharge Of A Weapon
This statute also covers a drive-by shooting, a crime in which a vehicle is used to facilitate the discharge of a firearm or other weapon with intent to kill a person.
The elements the state must prove in this crime are the following:
- a car was used to facilitate the discharge of a firearm, crossbow, or other such weapon
- in conscious disregard of the safety of others.
This crime is easier to prove than the preceding one, because any reckless endangerment of the lives of others is sufficient grounds to get a conviction.
Possible Defenses
A robust defense will discount any one of the three elements the prosecution must prove. The prosecution must prove that a firearm was discharged with the intent to kill.
A possible argument from the defense is that there was no intention to kill. The body part shot, such as an arm or a leg, can be evidence that there was no intention to kill.
In some instances, the defense can argue that the shooting was accidental — such as when a firearm discharged when it was handled.
Penalties For Shooting With Intent To Kill In Oklahoma City
The crime carries a minimum of two years in prison and a maximum sentence of life in prison.
To discharge a firearm or other weapon with intent to kill is a violent crime. Therefore, Oklahoma tends to want to keep those convicted of such crimes in prison for as long as possible.
Consequently, the 85% rule applies to this crime. This rule states that once you are convicted of this crime, you must serve at least 85% of your prison term before you become eligible for parole.
Get Help
Talk to a criminal defense attorney as soon as you hear of the charges you face. It is not okay to talk a lot with the police and investigators in the absence of your lawyer. The problem of trying to cut a deal with the police without a lawyer is you might say all the things will implicate you and complicate your case. What you say can and will be used against you.
Bear in mind that the police will not go out of their way to help protect your freedom. However, an experienced Oklahoma City criminal defense attorney will take your side and use their expertise to help you retain your freedom.
Initial Consultation: Oklahoma City Criminal Defense Attorney
We make it easy for you to get answers to your most pressing questions. There is no cost and no obligation for an initial consultation with our Oklahoma City criminal defense attorney. Call today for answers to your questions.
Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience. He has the wit and tenacity to match the skill of the Oklahoma City prosecutors.
For a initial consultation, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW) today.
If you prefer, you may send your question using the contact form at the top right side of this page.