You may have the right to bear arms in Oklahoma, but that doesn’t mean you can use a gun in any way you want. There are laws governing the proper and legitimate use of a firearm in Oklahoma. For example, feloniously pointing a firearm in Oklahoma is not allowed. Neither is felonious discharge. Breaking the law regarding felony discharge in Oklahoma can mean facing serious criminal penalties.
In this article, we’ll explain what constitutes felony discharge of a firearm in Oklahoma, the penalties for committing the offense, and possible defenses.
What Does the Law Say?
The Oklahoma legislature has the following to say about felony discharge of a firearm in Oklahoma:
“It shall be unlawful for any person to willfully or intentionally discharge any firearm or other deadly weapon at or into any dwelling, or at or into any building used for public or business purposes. Any violation of the provisions of this section shall be a felony punishable by imprisonment in the custody of the Department of Corrections for a term not less than two (2) years nor more than twenty (20) years. The provisions of this section shall not apply to any law enforcement officer in the performance of any lawful duty.” Okla. Stat. tit. 21 O.S. §21-1289.17
As the law states, felony discharge of a firearm in Oklahoma brings with it a sentence ranging between two to twenty years in prison.
Elements of the Crime
To be convicted of felony discharge of a firearm in Oklahoma, the prosecution must prove the following elements beyond a reasonable doubt:
- Intentional Act: The defendant intentionally discharged a firearm. This means that the defendant must have acted knowingly and purposefully, rather than accidentally or negligently.
- Location: The firearm was discharged into a dwelling or building used for public or business purposes. This includes houses, apartments, offices, stores, schools, and other similar structures.
- No Lawful Cause or Justification: The defendant had no lawful reason to discharge the firearm in the specified location. Some lawful reasons may include self-defense, defense of others, or defense of property. Another lawful defense is if you are a police officer or some other government official who used the firearm while executing your legitimate government duties.
If you are not a policeman or some other government official, injecting reasonable doubt into any of these three elements is your best bet for an acquittal. An Oklahoma felony defense lawyer can help you with this.
Low-cost Consultation With an Oklahoma Felony Defense Attorney
Felony discharge of a firearm is a serious offense in Oklahoma, carrying significant penalties for those convicted. If you or someone you know has been charged with felony discharge of a firearm, it is crucial to consult with an experienced Oklahoma criminal defense attorney to ensure your rights are protected and to explore the best possible legal strategies for your case. For a low-cost initial strategy session with a defense lawyer in Tulsa, call the Tulsa Criminal Defense Law Firm at (918) 256-3400 or use the form at the top of this page to send your question.