Oklahoma Violent Crimes Defense Lawyer & Attorneys
Criminal Defense of Weapons, Guns & Violent CrimesIf you have been arrested for a violent crime or weapons related offense in Oklahoma, you need an experienced Oklahoma criminal defense attorney to advise you and protect your rights. Violent crimes, especially if they involve guns or other weapons, are treated very seriously both by judges and prosecutors. At Phillips & Associates, located in Oklahoma City, our staff of criminal defense attorneys has over 90 years experience defending Oklahomans against any and all violent and weapons related charges. Over the years, our attorneys have successfully defended hundreds of violent and weapons related charges including.
- Assault & Battery
- Assault & Battery with a Dangerous Weapon
- Assault with a Deadly Weapon
- Aggravated Assault & Battery
- Shooting with Intent to Kill
- Robbery with a Firearm
- Pointing a Firearm
- Possession of a Firearm While in the Commission of a Felony
- Unlawful Possession of a Firearm
- Possession of Firearm After Former Conviction of a Felony
Assault and battery is the harmful touching of one person by another, where the person sustains only minimal injuries such as bumps and bruises. Assault and battery is typically a misdemeanor and carries up to one year in the county jail. Most misdemeanor assault and battery cases come from a fist fight where no one is seriously injured.
The Crime of Assault and Battery With a Dangerous Weapon is committed when a person uses a Dangerous Weapon to intentionally and wrongfully injure another person. The definition of "dangerous weapon" is extremely vague and open to interpretation. The most common examples of "dangerous weapons" include; guns, knives, baseball bats, stun-guns, etc. However, everyday items that are not normally used as weapons can be considered a "dangerous weapon," depending on how they are used. Things such as chairs, staplers, books, and other common items, if used as a weapon, can be considered a "dangerous weapon" for purposes of Assault and Battery with a Dangerous Weapon." Assault and Battery with a Dangerous Weapon is a felony in Oklahoma that carries up to 10 years in prison for the first offense.
The crime of Assault and Battery with a Deadly Weapon is committed when a person uses a deadly weapon to intentionally and wrongfully injure another person in a matter that is likely to cause death. Although Oklahoma law does not specifically define "deadly weapon," any weapon that is used in a manner that is likely to produce death is considered a "deadly weapon" for purposes of Assault and Battery with a Deadly Weapon." In Oklahoma, Assault and Battery with a Deadly Weapon is a felony that carries up to life in prison for the first offense. Assault and Battery with a Deadly Weapon is also an 85% crime, meaning that a person must serve at least 85% of their sentence before they will be eligible for parole.
An Assault and Battery becomes "aggravated" in two circumstances. First, an Assault and Battery will become an Aggravated Assault and Battery if the defendant inflicts great bodily injury. Oklahoma law defines great bodily injury as injuries resulting in broken bones, disfigurement, protracted loss or impairment of the function of a body part, organ, or mental faculty, or substantial risk of death. The second instance where an Assault and Battery will become "aggravated" is where a person of robust health or strength commits an assault and battery upon a person who is aged, decrepit, or incapacitated. In Oklahoma, Aggravated Assault and Battery is a Felony that carries up to five (5) years in prison for the first offense.
The crime of Shooting with Intent to Kill occurs when a person intentionally and wrongfully shoots another person, or discharges any kind of firearm, with the intent to kill that person. Shooting with intent to kill can sometimes be difficult to prove because it is often difficult to prove whether or not the defendant actually intended to kill the person they shot. Shooting with intent to kill is an 85% crime, meaning that a person convicted of shooting with Intent to kill must serve at least 85% of their sentence before they will be eligible for parole.
Commonly referred to as "armed robbery," the crime of robbery with a firearm occurs when a person attempts to take money or property from another person or business by force or fear while using a firearm. It is irrelevant whether or not the gun is loaded, or even if the gun is real. As long as the gun looks real, and it is used in the commission of a robbery, Oklahoma law treats the gun as if it is real. Robbery with a Firearm is a felony in Oklahoma that carries a minimum of 5 years in prison and a maximum of life. Robbery with a Firearm is an 85% crime, meaning that a person convicted of Robbery with a Firearm must serve at least 85% of their sentence before they will be eligible for parole.
The crime of pointing a firearm occurs when a person wrongfully and intentionally points a shotgun, rifle, pistol, or any other type of firearm at another person for the purpose of threatening, injuring, or intimidating that person. Pointing a firearm is a felony in Oklahoma that carries up to ten (10) years in prison for the first offense.
The crime of possession of a firearm while in the commission of a felony occurs when a person has dominion and control of a firearm while they are in the process of committing a felony. It is not necessary that the firearm actually be used to commit the felony, but only that the firearm be readily available should it be necessary. This law applies regardless of whether the gun is loaded or unloaded, and it even applies to fake or imitation guns as long as they look real. Possession of a firearm while in the commission of a felony is a felony in Oklahoma that carries up to ten (10) years for the first offense and up to thirty (30) years for second and subsequent offenses.
Unlawful possession of a firearm occurs when a person wrongfully and intentionally possesses a firearm in violation of Oklahoma law. The first and most common example is when a person possesses a firearm after having been convicted of a felony. Second, a person who is on supervised probation by the Oklahoma Department of Corrections is specifically prohibited from carrying or possession firearms. Finally, any person adjudicated as a delinquent child or youthful offender is specifically prohibited from carrying or possessing a firearm. Unlawful possession of a firearm in a felony in Oklahoma that carries up to ten (10) years in prison for the first offense.
Any person who has been convicted of a felony in Oklahoma, or in any other state in the United States, and who has not received a full pardon, is specifically prohibited from owning or possessing a firearm. Oklahoma law even prohibits a person who has been convicted of a felony from being a passenger in a car that is carrying a firearm. Possession of a firearm after former conviction of a felony is a felony that carries up to (10) year in prison for the first offense.
If you have been arrested for a violent or weapons related charge, do not talk to the police. The Oklahoma attorneys from Phillips & Associates stand ready to vigorously defend our clients, starting by conducting our own investigation into the allegations. We have substantial experience working with expert witnesses and maintain a network of qualified professionals with expertise in the areas of DNA, eyewitness identification, fingerprint analysis, firearms, blood spatter, bite marks, psychology, and polygraph evidence.
We've successfully defended many violent crimes cases over the past decade, and we're ready to help you, too.
Oklahoma Violent Crimes Defense page updated 10/26/2010