Possession of a firearm while in the commission of a felony is a severe crime in Tulsa, Oklahoma. It is charged separately from the crime committed or attempted to be committed while possessing a firearm. Possessing a firearm while committing a felony is treated as a felony in Tulsa.
Thus, a defendant faces charges for two felonies if he or she possessed a firearm when committing a crime.
FAQs: Possession Of A Firearm While In The Commission Of A Felony
A firearm is described in the statute as such as a rifle, shotgun, pistol, air gun, any other gas-filled weapon, any electronic dart gun, conductive energy weapon, knife, dirk, dagger, or any imitation weapon that makes the victims believe that the dangerous weapon is real. Okla. Stat. tit. 21 § 1287
It does not matter if the firearm is loaded or not during the commission of the felony or if it is a toy, as long as the dangerous weapon instills fear in the victim that it is real. That a defendant possesses it while committing a felony is sufficient to face charges.
Elements Of The Crime
The prosecutor must prove the following seven elements beyond a shadow of a doubt to obtain a conviction on charges of possessing a firearm during the commission of a felony.
- Knowing
- and willful
- possession
- of an offensive weapon as listed in Oklahoma law
- while committing or attempting to commit a felony
- that has the following specific elements
- and the possession of the firearm was connected to the commission or attempt to commit the crime.
Penalties For Possession Of A Firearm While In The Commission Of A Felony
The punishment for possessing a dangerous weapon while committing a felony is harsh. A first-time offender could spend 2 to 10 years in prison. Repeat offenders spend 10 to 30 years in prison. Okla. Stat. tit. 21 § 1287
For this crime, there is no option of a fine in lieu of incarceration.
Get Help
If you are facing charges of possessing a firearm while in the commission of a felony, you need to talk to an experienced Tulsa criminal attorney immediately. Our lawyers are seasoned and knowledgeable in Oklahoma law.
Only a lawyer who has defended many others facing charges like yours can advise you on the best way forward in your case. You do not have to engage the prosecution in court and out of court without getting expert legal advice.
The crime of possessing a firearm while committing a felony carries lengthy jail time. You could most likely land in jail if you do not have legal advice. Life after prison as a felon can drastically change for the worse. You may lose some rights, not be able to live in some neighborhoods, or work in some professions.
Initial Consultation: Tulsa Felony Defense Lawyer
When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa felony defense lawyer to discuss your available legal options.
Call the Tulsa Criminal Defense Law Firm at 918-756-9600.
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