Planning or threatening a violent act in Oklahoma is covered under a number of statutes to ensure that prosecutors have a number of alternative statutes under which to charge the planning and attempt of violence.
Planning or Threatening a Violent Act
Oklahoma law defines planning or threatening a violent act as an attempt or conspiracy to perform a violent act involving serious bodily harm or death upon another. Okla. Stat. tit. 21 § 1378
Serious bodily injury is not defined in this section of the statute, but the definition of great bodily injury provided in the law pertaining to aggravated assault and battery is instructive. In that statute, great bodily injury is defined as a bone fracture, protracted or obvious disfigurement, or a long-term loss or impairment of how a bodily part or other organ functions. Okla. Stat. tit. 21 § 646
Planning or threatening a violent act is considered a serious crime in Oklahoma. It is a felony punishable by up to 10 years in prison, whether the planning is done alone or as part of a conspiracy.
Just making the threat of a violent act is a misdemeanor offense. It is punishable by up to six months in a county jail.
Felonious Assault: Planning or Threatening a Violent Act Revisited
In comparison, felonious assault in Oklahoma is defined as an assault with the intent to commit any felony unless it is an assault with the intent to kill; that offense is charged separately. Okla. Stat. tit. 21 § 681
Assault in Oklahoma is defined as the intentional attempt or threat of force or violence against another person. Okla. Stat. tit. 21 § 641
Battery is defined as the intentional and unlawful use of force or violence against another. Okla. Stat. tit. 21 § 642
So, assault is the threat and battery is the contact.
The crime of assault is assumed in the completed battery. Thus, the two are often charged together as one crime.
A felonious assault occurs when a person commits an assault during the commission of another felony.
For example, attempted rape in the first degree can include both the rape charge and the lesser included offense of felonious assault. It can be charged as assault with the intent to commit rape or as felonious assault with intent to commit rape.
Because rape is a crime of violence, the crime of felonious assault is often used in the context of rape and attempted rape cases. However, a felonious assault charge can be made in the context of any assault committed during the commission of another felony.
The penalty for felonious assault is up to a year in jail or up to five years in prison, at the court’s discretion. A fine of up to $500 may be assessed in addition to or in lieu of incarceration.
Conspiracy is another crime that is often grounded in the planning of a violent act. The Oklahoma statute regarding conspiracy covers a number of situations in which the crime may be found.
In Oklahoma, conspiracy is defined as two or more persons planning to commit a crime, planning to falsely accuse another of committing a crime, or planning or conspiring to have someone else falsely charged for a crime. It includes any conspiracy to instigate or maintain a false lawsuit or false legal action against another. It can also include planning to cheat or defraud a person of their property, to commit acts that are harmful to the health, morals, or commerce of the public, or to obstruct justice.
Conspiracy is usually treated as a misdemeanor unless the crime conspired is a felony.
Conspiracy to commit a felony is punishable by up to 10 years in prison, or a fine of up to $5,000, or both. Okla. stat. tit. 21 § 421
An agreement to commit a crime by itself is not sufficient. There must be an act in furtherance of the plan for the crime to have occurred.
Free Consultation with a Tulsa Criminal Defense Attorney
Planning a threatening or violent act is a serious crime in Oklahoma. If you are being charged under one of the above statutes, you could spend years in prison. It is important that you hire an experienced Tulsa criminal defense attorney.
Only a local attorney will know the court system and judges in the area. Do not delay. Our initial consultation is free.
Call Wirth Law Office – Tulsa at 918-879-1681 or toll free at 1-888-Wirth-Law (1-888-947-8452). You can also submit the question form at the top right of this page.
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