I. Are All Violent Crimes In Oklahoma Felonies?
In Oklahoma, any crime that is considered “violent” per 57 O.S. § 571 is a felony. However, there are other crimes that people may consider violent that are not listed—some of which are misdemeanors. An example of this is Domestic Assault & Battery.
II. Does The Prosecutor File The Most Severe Charges In A Violent Crimes Case?
Prosecutors will generally file the most serious charges that they believe they can get a conviction on. They should only be charging crimes that they believe they can prove to a jury beyond a reasonable doubt that the defendant did it. Prosecutors frequently overcharge, however.
It is up to the defense attorney to investigate, research, and determine the severity of the action that was taken by the defendant. If it does not rise to the level of a violent crime, then the evidence certainly should be presented to the prosecutor. If the prosecutor is reasonable, then they should amend the charges or accept a plea to the non-violent charges.
III. Do Any Violent Crimes Qualify For Pardon Or Expungement In Oklahoma?
Violent crimes do not generally qualify for pardons and expungements under Oklahoma law. Expungements in Oklahoma are covered by 22 O.S. § 18. The only way that someone who has been convicted of a violent crime can have his or her conviction expunged is to receive a full pardon, on the basis of a written finding by the Governor of actual innocence of the crime for which the claimant was sentenced.
It is possible to get a pardon for non-violent felony offenses under certain circumstances, whether the offender received a conviction or not. A pardon by the Governor is required prior to getting an expungement for a non-violent felony offense.
IV. Is The Threat Or Attempt Of Violence Enough To Bring Criminal Charges For A Violent Crime?
A threat or attempt of violence is enough to bring criminal charges for a violent crime in Oklahoma. The attempt is covered under 21 O.S. § 42. It states that any person who attempts to commit any crime, and in such an attempt does any act towards the commission of such a crime but fails, or is prevented, or is intercepted in the perpetration thereof, is punishable where no provision is made by law for the punishment of such attempt.
If the offense attempted is punishable by imprisonment in the Department of Corrections for four years or more, or by imprisonment in county jail, the person guilty of such an attempt is punishable by imprisonment in the Department of Corrections or in a county jail for a term not exceeding one-half of the longest term of imprisonment prescribed upon conviction for the offense attempted.
If the offense attempted is punishable by imprisonment in the Department of Corrections for any time less than four years, then a person guilty of such an attempt is punishable by imprisonment in a county jail for no more than one year. If the offense attempted is punishable by a fine, the offender convicted of such an attempt is punishable by a fine not more than one-half of the largest fine that may be imposed upon a conviction of the offense that was attempted.
V. Why Is It Important To Hire An Attorney Experienced In Handling Violent Crime Cases?
It’s important to hire an attorney who is experienced in handling violent crime cases because it’s a big deal to get charged with a violent crime. There are serious implications to not just being convicted of a violent crime, but to even being charged with a violent crime.
They are put into a special category for a reason. These crimes generally cause more harm to other people than “non-violent crimes.” Therefore, people look at individuals convicted of violent crimes in a much more negative way. There are far more implications to a violent crime conviction. These can include mandatory prison sentences or registration.
It would be very difficult to get a job with a violent crime on someone’s record. Therefore, it’s important to hire an attorney who knows what they are doing and has the time and experience to help their clients. The stakes are very high for people charged with violent crimes. Part of taking these charges seriously is hiring an attorney who understands what is at stake.
V. Extensive list of various Oklahoma Violent Crimes
Violent crimes in Oklahoma are listed in 57 O.S. § 571:
- Assault, battery, or assault and battery with a dangerous or deadly weapon;
- Shooting with intent to kill, assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodily harm, as provided for in 21 O.S. § 652;
- Aggravated assault and battery on a police officer, sheriff, highway patrolman, or any other officer of the law;
- Poisoning with intent to kill;
- Shooting with intent to kill;
- Assault with intent to kill;
- Assault with intent to commit a felony;
- Assaults while masked or disguised;
- Murder in the first degree;
- Murder in the second degree;
- Manslaughter in the first degree;
- Manslaughter in the second degree;
- Burglary in the first degree;
- Burglary with explosives;
- Kidnapping for extortion;
- Robbery in the first degree;
- Robbery in the second degree;
- Armed robbery;
Robbery by two or more persons;
- Robbery with a dangerous weapon or imitation firearm;
- Child abuse;
- Wiring any equipment, vehicle, or structure with explosives;
- Forcible sodomy;
- Rape in the first degree;
- Rape in the second degree;
- Rape by instrumentation;
- Lewd or indecent proposition or lewd or indecent act with a child;
- Use of a firearm or offensive weapon to commit or attempt to commit a felony;
- Pointing firearms;
- Inciting to riot;
- Arson in the first degree;
- Injuring or burning public buildings;
- Criminal syndicalism;
- Obtaining signature by extortion;
- Seizure of a bus, discharging firearm or hurling missile at bus;
- Mistreatment of a mental patient;
- Using a vehicle to facilitate the discharge of a weapon pursuant to 21 O.S. § 652;
- Bombing offenses as defined in 21 O.S. § 1767.1;
- Child pornography or aggravated child pornography as defined in 21 O.S. §§ 1021.2, 1021.3, 1024.1 or 1040.12a;
- Child prostitution as defined in 21 O.S. § 1030;
- Abuse of a vulnerable adult, as defined in 43A O.S. § 10-103, who is a resident of a nursing facility;
- Aggravated trafficking as provided for in 63 O.S § 2-41(C);
Aggravated assault and battery upon any person defending another person from assault and battery;
- Human trafficking as provided for in 21 O.S. § 748; or
- Terrorism crimes as provided in 21 O.S. § 1268 et seq.
Individuals convicted of a violent crime can receive a maximum credit in prison of only 44 days per month. People convicted of only nonviolent crimes can earn up to 60 days per month in credits. Some violent crimes are considered worse than others, and those are known as “85% crimes.” People convicted of these offenses are required to serve no less than 85% of any sentence of imprisonment prior to becoming eligible for consideration for parole. They are not eligible for earned credits or any other type of credits that have the effect of reducing the length of the sentence to less than 85% of the sentence imposed.
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