If you are the type who threatens all manner of consequences when offended, you could end up behind bars. Threatening a violent act in Muskogee, Oklahoma is a misdemeanor crime. Okla. Stat. tit. 21 § 1378
However, if you also plan to carry out a violent act on another or others, authorities could charge you with a felony in Muskogee. Planning to harm another or others and cause bodily harm or death can lead to you spending up to 10 years in prison, whether you make plans alone or in concert with others.
What is Threatening a Violent Act in Muskogee?
Threatening a violent act involves making threats of violence against another person. You do not have to plan to carry out the violence or do anything else to face charges for this crime. Even though the difference between threatening and planning a violent act is rather minimal, the penalties for the two different crimes are rather significant.
What is a Violent Crime?
To be tried for threatening a violent crime, what is threatened must constitute acts that could cause serious bodily harm or death. If the acts threatened do not constitute serious physical harm, then a critical element of this crime will not be met.
Elements of the Crime
The district attorney must prove the following four elements of this crime to get a conviction.
- to perform an act of violence
- involving or intended to involve serious bodily harm to or the death of another person.
The possible defenses for this crime revolve around the definition of severe bodily harm. If the acts threatened could only cause minor injury to the person threatened, then there could be no charge of threatening violence.
Muskogee courts have allowed the definition of severe bodily harm to be as defined in society. This definition that the laws allow make a lot of room for an experienced attorney to base his defense.
The penalties for threatening another with violence are rather severe in Muskogee, OK. If convicted of threatening acts of violence, you face up to six months in jail without the option of a fine. The more severe crime of planning acts of violence against others could lead to a defendant spending up to 10 years in prison without the option of a fine.
Any crime that could cause you do time in prison is severe and should not be disregarded. Do not assume that since you are facing misdemeanor charges, you do not require a lawyer. You are poorly matched against an experienced prosecutor in Muskogee if you appear in court without a legal expert to represent you.
Let an experienced Muskogee attorney build a strong defense for you. The facts in every case differ, so do not leave yourself to the mercy of the court.
That one moment of blind rage should not see you spend time in jail away from your loved ones and family. Having a record of prison time, however short, could drastically change your life.
Free Consultation: Muskogee Misdemeanor Lawyer
Only experienced criminal lawyers in Muskogee can work to build a strong defense for you. What may look like insignificant issues to an inexperienced attorney may, in the end, determine your case.
Details matter when piecing together the evidence for your defense. Our Muskogee attorneys will stand up for you against bogus criminal charges or negotiate a better outcome if you did indeed commit a crime.
Our attorneys know how to present in court the details that can have a significant effect on the result of a criminal case.
Call a Muskogee misdemeanor lawyer today at 918-884-7774 to ask questions or schedule a free, confidential consultation.