An Oklahoma felony assault defense attorney defends individuals facing any type of felony assault charge such as assault and battery with a deadly weapon, maiming, assault with a deadly weapon and intent to kill, administering poison with intent to kill, and shooting with intent to kill. Beyond the typical misdemeanor assault and battery crimes often associated with fistfights and barroom scuffles are serious felony assault crimes which demonstrate a wonton disregard for human life. Assaults that use a deadly weapon or that show an intent to kill are violent felonies that are subject to Oklahoma's "Eighty-Five Percent Rule," which means that a person convicted of one of these offenses must serve at least 85 percent of his or her sentence before becoming eligible for parole.

Review Our Success
Our Results Speak for Themselves

Felony Assault Charges in Oklahoma

Felony assault charges in Oklahoma include assault and battery with a deadly weapon, maiming, assault with a deadly weapon and intent to kill, administering poison with intent to kill, and shooting with intent to kill. Felony assault crimes are subject to Oklahoma's 85% rule, meaning that defendants convicted of a felony assault charge are required to serve eighty-five percent (85%) of their sentence before they are eligible to seek parole. Felony assault charges are more serious than simple assault charges due to the enhanced risk of injury or even death to the victim.

Assault & Battery with a Deadly Weapon

Assault and battery with a deadly weapon is charged when a person intentionally uses a weapon that is capable of causing serious harm or death to injure another person. Oklahoma law does not specifically define what constitutes a dangerous weapon; it only states that someone who intends to inflict bodily harm and who uses a "sharp or dangerous weapon" to do so is guilty of Assault with a Dangerous Weapon.

The statute furthermore states that Assault with a Dangerous Weapon includes shooting someone "with any kind of firearm, air gun, conductive energy weapon or other means whatever" with the intent to cause harm, even without the intent to kill, is guilty of the offense. A vague definition of "dangerous weapon" leads to broad interpretation. Guns and knives, clearly, are regarded as dangerous weapons, as are instruments such as baseball bats, stun guns, and tasers.

However, any household item can be considered a dangerous weapon if used with the intent of inflicting bodily harm: a frying pan, lamp, chair, or virtually any other object can be considered a dangerous weapon if used in an attempt to injure another person. As a felony assault charge, Assault and Battery with a Dangerous Weapon is punishable by a maximum sentence of ten years in prison, even as a first offense.

Assault and battery with a deadly weapon is a Class A3 felony. The sentence for assault and battery with a deadly weapon is imprisonment for a term of zero (0) years to life imprisonment. The statute does not authorize a fine. Assault and battery with a deadly weapon is an 85% crime, so the defendant must serve 85% of their sentence before becoming eligible for parole.

Maiming

If an assault results in permanent disfigurement or disability, an assault charge may be elevated to maiming. State law defines by stating, "Every person who, with premeditated design to injure another, inflicts upon his person any injury which disfigures his personal appearance or disables any member or organ of his body or seriously diminishes his physical vigor, is guilty of maiming." In order for a disfigurement to be considered maiming, it must attract attention. A small scar or other injury which "can only be discovered by close inspection" is not considered maiming.

Although the defining statute says that maiming occurs as a result of premeditation, subsequent sections say that the disfigurement alone is enough to demonstrate premeditation, and that this premeditated intent may occur the instant before the injury is inflicted.

Maiming is a Class C2 felony. The sentence for maiming in Oklahoma is imprisonment for a term of zero (0) years to seven (7) years, or a fine of up to One Thousand Dollars ($1,000), or both such fine and imprisonment. For a first offense, the sentence is 0 to 7 years imprisonment, a fine up to $1,000, and the defendant must serve 20% of the sentence before becoming eligible for release.  For offenders with one or two prior Class C or D felony convictions, the sentence is 2 to 10 years imprisonment, a fine up to $1,000, and the defendant must serve 20% of the sentence before becoming eligible for release. For offenders with three or more prior Class C or D felonies, or one or more prior Class Y, A, or B felonies, the sentence is 2 to 12 years imprisonment, a fine up to $1,000, and the defendant must serve 40% of the sentence before becoming eligible for release.

Assault with a Deadly Weapon and Intent to Kill

Assaults that are likely to cause death or that are intended to cause death are prosecuted and penalized more harshly than typical assault crimes. Assault with a Deadly Weapon, Shooting with Intent to Kill, and Administering Poison with Intent to Kill are the most serious of assault charges. Shooting with intent to kill is a Class A3 felony.  The sentence for shooting with intent to kill is imprisonment for a term of zero (0) years to life imprisonment. The statute does not authorize a fine. Shooting with intent to kill is an 85% crime, so the defendant must serve 85% of their sentence before becoming eligible for parole..

Administering Poison with Intent to Kill

Administering poison with intent to kill is a serious crime that occurs when one person intentionally gives, exposes, or causes another person to ingest a poison or dangerous substance with the intention of killing them. Charges can be filed even if a death does not occur.

Administering poison with intent to kill under §21-651 is a Class A1 felony. The sentence for administering poison with intent to kill is imprisonment for a term of ten (10) years to life imprisonment. Administering poison with intent to kill is an 85% crime, so the defendant must serve 85% of their sentence before becoming eligible for parole.

Shooting with Intent to Kill

Shooting with the intent to kill is a felony in Oklahoma with punishments that include up to life in prison with the Department of Corrections.

• Shooting with intent to kill is a felony punishable by life in prison
• Using a vehicle to facilitate the intentional discharge of a firearm, crossbow, or other weapon is a felony punishable by two years to life in prison
• Assault and battery with a deadly weapon or by means or force as is likely to cause death is a felony punishable by life in prison

These violent crimes are "85 percent crimes." In Oklahoma, a life sentence is calculated at 45 years for the purposes of parole. Because of the 85 percent rule, anyone sentenced to life in prison for conviction of Assault and Battery with a Deadly Weapon or Intent to Kill crimes must serve a minimum of 38 years and 3 months before becoming eligible for parole.

Any assault with intent to kill whose penalty is not specifically prescribed in § 652 is punishable by a maximum of five years in prison.

Assault with Intent to Commit a Felony

If an assault occurs in the commission of a felony or in an attempt to commit a felony, felonious assault charges may be filed in addition to any charges for the underlying crime. With the exception of assault with intent to kill, if penalties are not elsewhere prescribed in the statutes, assault with intent to commit a felony is punishable by a maximum of five years in prison.

Felony Assault Defense Lawyer in Oklahoma City

The stakes are high in a felony assault case. Anyone convicted may be subject to tough minimum sentencing guidelines and the possibility of life behind bars. Finding an attorney with a solid background of successful assault defense is paramount for your success. Call Phillips & Associates for a free consultation to find out how our experienced attorneys have been able to successfully represent clients like you and to see how we can help you obtain a favorable outcome to your case.