pwhitaker

When it comes to committing violent acts in Oklahoma, it is not always necessary to go through with the crime. In fact, simply threatening a violent act Oklahoma is enough to land you behind bars.

Because attempting, threatening, or planning to commit a violent act is a serious crime, contact an experienced criminal defense attorney today if you’ve been accused of this crime.

Threatening a Violent Act Oklahoma – Legal Basics

Even if you don’t take any steps towards actually harming another person, it is illegal to threaten a violent act Oklahoma.

Any person who threatens to perform an act of violence that would cause serious bodily harm or death will be guilty of a criminal act.

In order to secure a conviction, a prosecutor would have to prove that a defendant’s actions met each of these three requirements (called elements).

If convicted, the defendant will be guilty of a misdemeanor crime and can face up to six months in the county jail.

Attempting a Violent Act

In Oklahoma, it is also illegal to attempt, conspire, or endeavor to perform an act of violence that would cause serious bodily harm or death.

Anyone found guilty of this felony crime can face up to 10 years in prison.

Planning a Violent Act

Similar to attempting a violent act in Oklahoma, any person who devises any plan, scheme, or program of action to cause serious bodily harm or death of another person, and with intent to perform such malicious act of violence can be convicted of a felony and face up to 10 years in prison.

This sentence will apply if the crime was committed alone or by conspiring with others.

Initial Consultation: Tulsa Felony Defense Lawyer

A conviction of threatening a violent act Oklahoma can lead to years in jail and severely alter one’s life.

If you or someone you know is faced with this charge, consult with an experienced felony defense attorney at the Tulsa Criminal Defense Law Firm today at (918) 256-3400, or call toll-free at 1-(888) 447-7262 (Wirth Law). If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

A felony is defined as any crime which may punished by death or with imprisonment in the penitentiary for more than one year. However, committing the actual felony  isn’t the only way someone can face consequences for the crime.

Generally, anyone who was an accessory to a felony crime in Tulsa, Oklahoma can also face serious consequences.

Defining “Accessory”

The definition of an accessory to a felony in Oklahoma is broadly defined as anyone who conceals or aids the offender. He must also know that the offender has committed a crime and act with the intent that felon may avoid or escape from arrest, trial, conviction, or punishment. (Ok. Stat. Tit. 21 Sec. 173).

A person is not, however, an accessory if they assist someone who has committed a misdemeanor offense.

Therefore, if a state decides to charge a defendant with a misdemeanor crime instead of a felony, the person who assisted him would not be charged as an accessory.

Punishment for Accessory to a Felony

There are several different punishments for accessory to a felony in Oklahoma and they are as follows:

1. If the underlying offense is a felony punishable by imprisonment in the penitentiary for four (4) years or more, the person guilty of being an accessory shall be subject to imprisonment in the penitentiary for a term not exceeding one-half (1/2) of the longest term prescribed upon a conviction for the underlying offense;
2. If the underlying offense is a felony punishable by imprisonment in the penitentiary for any time less than four (4) years, the person guilty of being an accessory shall be subject to imprisonment in a county jail for not more than one (1) year;
3. If the underlying offense be punishable by a fine only, the person guilty of being an accessory shall be subject to a fine not exceeding one-half (1/2) of the largest amount of money which may be imposed as a fine upon a conviction of the underlying offense;
4. If the underlying offense be punishable by both imprisonment and a fine, the offender convicted of being an accessory shall be subject to both imprisonment and fine, not exceeding one-half (1/2) of the longest term of imprisonment and one-half (1/2) of the largest fine which may be imposed upon a conviction of the underlying offense; and
5. If the underlying offense be murder in the first degree, the accessory thereto shall be punished by imprisonment for not less than five (5) years nor more than forty-five (45) years. If the underlying offense be murder in the second degree, the accessory thereto shall be punished by imprisonment for not less than five (5) years nor more than twenty-five (25) years.

(Ok. Stat. Tit. 21 Sec. 175)

Initial Consultation: Tulsa Felony Defense Attorney

Accessory to a felony is a serious crime that can lead to years behind bars, even if someone was well-intentioned.

If you or someone you know is faced with this charge, please contact a Tulsa criminal defense attorney to discuss your available legal options.

Consult with an experienced attorney at the Tulsa Criminal Defense Law Firm today at (918) 256-3400, or call toll-free at 1-(888) 447-7262 .