In McAlester, Oklahoma, the simple act of attempting, conspiring, or endeavoring to perform a violent act could land you in jail.
Oklahoma law states that anyone who attempts, conspires, or endeavors to cause a person to suffer grave bodily injury or death is guilty of a felony. (Okla. Stat. tit. 21 § 1378) The charge is usually called planning or threatening a violent act Oklahoma.
What is Threatening a Violent Act Oklahoma?
If you devise a plan to cause serious bodily harm or death to another with the intent of doing so, whether you are planning this act alone or with others, you may be found guilty of planning or threatening a violent act Oklahoma.
Here, the planning itself is the crime. No further action regarding the plan is necessary to be convicted of this felony. If you are convicted of this crime, you could spend 10 years in prison.
Threatening a Violent Act Oklahoma: A Distinction With a Difference
If you take no other steps in the commission of a crime that could actually hurt someone else, but threaten a violent act toward another, you could be convicted of a misdemeanor offense in McAlester.
All that is required is for the prosecutor to prove that you threatened to perform an act of violence that could cause great bodily injury or death to another. The penalty is six months in jail.
The difference between threatening a violent act and planning a violent act may feel like splitting hairs, but the difference could be quite important in terms of the penalties you could face upon conviction.
What Is Serious Bodily Injury or Death?
These crimes are grounded in actions meant to inflict serious bodily injury or death. If the actions planned or threatened do not rise to the level of serious bodily injury or death, an element of the crime will not be met. If any element is missing, there can be no conviction.
Free Consultation: McAlester Criminal Defense Attorney
If you or someone you know has been accused of planning or threatening a violent act Oklahoma, please contact a McAlester criminal defense attorney to discuss your available legal options.
Consult with an experienced attorney at the Wirth Law Office – McAlester today, by calling 918-302-9656.
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