Facing any criminal charge can be frightening. However, facing a charge for shooting with intent to kill in Oklahoma can change your life. This crime involves an attempt that did not result in death, but involved the use of deadly force. It can help to understand how the crime is handled in Muskogee and what defenses may be available to you. Here is what you need to know.
Shooting With Intent to Kill Defined
Shooting with intent to kill in Oklahoma is legally defined as an intentional and wrongful firing of a firearm at another person with the intention of killing that person, including an unborn child. Okla. Stat. tit. 21 § 652
This is a felony in Muskogee. You could spend the rest of your life in prison if convicted.
Elements Of The Crime
Every crime has legal elements that the prosecution must prove. If they fail to prove even one required element, they cannot convict a defendant for that crime. Thus, many defenses grow out of the facts and evidence that tend to disprove the required elements. The elements for shooting with intent to kill are:
- the intentional and wrongful
- shooting of another or discharging a firearm; and
- done with the intent to kill any person.
There are two common defenses that arise out of the first element: lack of intent and a justified or excusable shooting. Lack of intent refers to an accidental shooting, and a justified or excusable shooting refers to self-defense or defense of others.
The prosecution must prove that a defendant had the intent to kill a person at the time the firearm was discharged. The required intent is specific. This is why facts, even facts that seem insignificant, can be important.
The prosecution is often able to show an intent to kill from a defendant’s statements, actions, conversations, and even from social media postings. For example, if the defendant tells his friend that he is really angry at the victim, it can be used to try to show that the defendant had the intent to kill.
Because it is a big leap from being angry to shooting with intent to kill, a Muskogee attorney can counter the prosecution’s evidence with other evidence that the defendant and the victim had dinner together and spent time hanging out together numerous times after the defendant initially made that statement to his friend.
Self-defense or shooting in defense of others are types of justified or excusable shooting. Oklahoma laws regarding self-defense are complicated and when proffered by the defense, are scrutinized carefully. This is a matter best handled by an experienced criminal defense attorney.
In general, in Oklahoma, a person is justified in the use of deadly force in self-defense if that person reasonably believed that the use of deadly force was necessary to prevent death or great bodily harm to themselves or to prevent or end the commission of a forcible felony against themselves.
Self-defense is a defense even when the danger to life or personal security may not have been real if a reasonable person, under those circumstances, would reasonably have believed that he or she was in imminent danger of death or great bodily harm. OUJI-CR 8-46
Accidental shooting is also a defense. Firearms can and do discharge accidentally, causing injury and death.
This same statute prohibits using a vehicle to facilitate the intentional discharge of a firearm, crossbow, or another weapon in conscious disregard for the safety of another person. This is the typical drive-by shooting. The penalty if convicted is a prison term anywhere from 2 years to life. Okla. Stat. tit. 21 § 652
The 85% Rule Applies To Shooting With Intent To Kill
Shooting with intent to kill is a violent crime. If convicted, you must serve 85% of your prison term before you will be eligible for parole. Okla. Stat. tit. 21 § 31.1
Free Consultation: Muskogee Felony Defense Attorney
If you are facing criminal charges of any kind, you need help to build a solid defense. Even small facts can make a big difference. Don’t try to go it alone. Get the help you need when it matters most.
Our experienced attorneys are here to help. We know your freedom is important and will work with you to preserve it. Our attorneys know how to build a strong defense.
Call a Muskogee felony defense attorney today at 918-884-7774 to ask questions or schedule a free, confidential consultation.