Shooting with intent to kill is one of the most serious crimes you can be charged with in Oklahoma. Like all crimes of violence, when you are convicted of shooting with intent to kill, the ramifications are severe.
Here is what you need to know about how the crime is handled in Oklahoma.
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 up to life in prison.
These are the elements of the crime that a prosecutor must prove in order to secure a conviction:
- intentional and wrongful;
- shooting of another or discharging a firearm, and
- with the intent to kill any person. (OUJI-CR 4-4)
Defenses to the crime are built on these elements. Any fact that tends to disprove any element of the can be extremely important to building a strong defense that could help you protect your freedom.
The issue of intent or 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.
An accidental shooting is a basis for a defense. This could be a situation where a gun goes off accidentally. This can occur when someone is cleaning a firearm. Unfortunately, accidental shootings have occurred in some types of firearms just from handling the firearm.
The location of the shot could support a lack of intention to kill. If the shot was to an extremity — like a hand or foot — there is a strong argument that the defendant had the intent to injure but not to kill. A shot to the head or torso is more likely to show intent to kill.
Other Situations Covered By This Statute
The same law that covers shooting with intent to kill also covers using a vehicle to facilitate the intentional discharge of a firearm, crossbow or other weapon in conscious disregard for the safety of another person.
This is a drive-by shooting. If convicted of this felony in Oklahoma, you may be sentenced to a prison term from two years to life. Okla. Stat. tit. 21 § 652
The elements of this crime are:
- use of a vehicle;
to facilitate the intentional discharge
of any firearm, crossbow or other weapon; and
- in conscious disregard for the safety of others. (OUJI-CR 4-5)
This crime doesn’t require a 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 those under this statute ensure the application of Oklahoma’s 85% rule. If convicted, you must serve 85 percent 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 Bartlesville criminal defense attorney instead. Your freedom may depend on it.
Free Consultation with Bartlesville Lawyer
The Wirth Law Office – Bartlesville offers free phone consultations with a Bartlesville lawyer by dialing (918) 213-0950.
If you prefer written correspondence, email firstname.lastname@example.org, or submit the “Ask an Attorney” form at the top right of this page.
Additionally, you can contact us toll-free at (888) Wirth-Law (888-947-8452).