Felonious assault in Oklahoma is a violent offense that refers to an assault committed with the intention to carry out a felony but not with the intention to kill, as outlined in Okla. Stat. tit. 21 § 681.
At Jacqui Ford Law, our team understands how overwhelming and confusing the legal process can be. We have a skilled criminal defense attorney on board, and Jacqui Ford is here to support and guide you through understanding what constitutes felonious assault in Oklahoma, ensuring you are well-informed every step of the way and that your rights are protected.
What is The Difference Between Simple Assault and Felonious Assault?
Simple assault typically involves minor or no injuries and carries less severe penalties.
In contrast, felonious assault involves a serious intent, use of weapons, and more severe consequences. This type of assault occurs during the act of another felony. It requires specific intent to commit that felony; otherwise, it doesn’t qualify as felonious assault.
Felonious Assault Accompanied with Robbery Charges in Oklahoma
To convict someone of felonious assault in Oklahoma, prosecutors must establish several key points:
- There was an assault on another person that led to serious injury.
- The assault was committed with the intent to commit another felony such as rape or kidnapping.
- All elements of the intended felony must be proven.
A person can’t be charged solely with felonious assault; it must be linked with another felony charge. If the intended felonious assault isn’t completed by the accused, the individual may face charges for both attempted felony and felonious assault.
For instance, if an assault happens during a robbery, the presence of the victim’s stolen property with the defendant can help prosecutors demonstrate that the assault was intended to facilitate theft.
Planning or Threatening a Violent Act in Oklahoma
In Oklahoma, planning or threatening a violent act is legally defined as the attempt or conspiracy to inflict serious bodily harm or death upon another, as stated in Okla. Stat. tit. 21 § 1378.
Distinguishing Threats from Assault
Threatening a violent act constitutes a crime against public peace. It can occur in public or private settings and does not require the intended victim to be aware of the threat. This differs from assault, where the victim must be directly threatened.
Making credible threats of violence can qualify as felonious assault in Oklahoma.
Planning vs. Attempting
Planning a violent act, whether individually or as part of a conspiracy, remains a felony.
Planning involves formulating a strategy to commit a violent act without necessarily taking any step towards its actual commission, distinguishing it from attempts where actions are initiated. Examples of this could be:
- Written or Verbal Threats: Making threats in writing or verbally can lead to charges.
- Possession of Materials: Having materials intended for use in a violent act, such as weapons or explosive devices.
- Conspiracy: Working with others to plan a violent crime.
Extortion Induced by Threats in Oklahoma
In Oklahoma, extortion induced by threats involves using threats to:
- Unlawfully harm a person or their property.
- Accuse someone of a crime.
- Reveal someone’s faults, disgrace, or secrets.
This form of extortion aims to achieve a specific result through intimidation, as defined under Okla. Stat. tit. 21 § 1482.
Extortion itself involves obtaining someone else’s property by improperly using force, instilling fear, or pretending to have legitimate authority, detailed in Okla. Stat. tit. 21 § 1481.
Penalties For Felonious Assault in Oklahoma
Attempting felonious assault can lead to lengthy prison sentences, significant fines, and a permanent criminal record.
If convicted of felonious assault in Oklahoma, the defendant could face the following penalties, in addition to any penalties for the felony they attempted or committed:
- up to five years in prison
- a $500 fine, or
- both
Other related offenses and their penalties include:
- Extortion: Punishable by up to five years in prison.
- Attempted Extortion: Carries a penalty of up to two years in jail.
- Violent Acts: Attempting, conspiring, or endeavoring to commit a violent act is a felony with a maximum penalty of 10 years in prison. Simply threatening such an act is a misdemeanor, punishable by up to six months in county jail.
Additionally, if the felonious assault involves a sexual assault and the sentence is two or more years, the defendant must also register with the Sex Offender Registry upon release. This could have life-long impact in attaining opportunities such as employment, housing, education, and more.
If you or someone you know is facing charges of felonious assault, it’s crucial to keep in mind the statute of limitations of the state regarding criminal cases. You should immediately consult an experienced Oklahoma criminal defense attorney as they will guide you on what not to do when you are arrested.
A professional and experieinced legal support will work towards gathering significant evidence, interview reliable witnesses, clarify and scrutinize police reports, and represent you in hearings and trials to achieve the best possible outcome for yoru case.
Contact Our Team at Jacqui Ford Law for Legal Defense
In Oklahoma, crimes involving threats or force are taken very seriously. Jacqui Ford has years of experience in the field. We are committed to exploring every possible defense to prove innocence, especially if wrongfully accused, and advocating fiercely on your behalf to protect your rights and your future.
Contact us at 405-604-3200 to schedule a free and confidential initial consultation with Jacqui today!
