What does the law say?
Attempted murder is the more commonly used phrase to describe what the Oklahoma Constitution refers to as “Attempts to Kill”
Title 21 Section 651 covers the use of poisons in the attempt to kill a person, section 652 addresses attempts to kill using weapons and physical violence, and Section 653 concentrates on assault with intent to kill (meaning there was no battery component, but an attempt at a battery with the intent to kill).
Title 21 Section 651
Any person who, with intent to kill, administers or causes or procures to be administered to another any poison which is actually taken by such other person but by which death is not caused shall be guilty of a felony, punishable by imprisonment in the State Penitentiary not less than ten (10) years.
Title 21 Section 652
A. Every person who intentionally and wrongfully shoots another with or discharges any kind of firearm, with intent to kill any person, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, shall upon conviction be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life.
B. Every person who uses any vehicle to facilitate the intentional discharge of any kind of firearm, crossbow or other weapon in conscious disregard for the safety of any other person or persons, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, shall upon conviction be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not less than two (2) years nor exceeding life.
C. Any person who commits any assault and battery upon another, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, by means of any deadly weapon, or by such other means or force as is likely to produce death, or in any manner attempts to kill another, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, or in resisting the execution of any legal process, shall upon conviction be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life.
D. The provisions of this section shall not apply to:
1. Acts which cause the death of an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented; or
2. Acts which are committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
E. Under no circumstances shall the mother of the unborn child be prosecuted for causing the death of the unborn child unless the mother has committed a crime that caused the death of the unborn child.
Title 21 Section 653
Any person who is guilty of an assault with intent to kill any person the punishment for which is not prescribed by Section 652 of this title, shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a term not exceeding five (5) years, or in a county jail not exceeding one (1) year, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
Ranges of punishment
In most circumstances an attempt to kill another person is a felony that can carry life in prison. However, Title 21 Section 651 specifies that if a person attempts to kill another by use of poison, the range of punishment changes to a maximum of ten (10) years. Furthermore, Assault with intent to kill (without a battery component) carries a maximum of five (5) years in prison or up to one (1) year in the Tulsa County Jail. Whatever your circumstance, call us so that we can get to work on your case and get your side of the story. Seek out the best attorney who can put up a zealous defense and protect your future. Call us today!
Stay safe and stay silent. Don’t make a statement to police. You have the right to defense and you should always take full advantage of that right. Even with the best intentions and honesty, your words can still be used against you. Without proper representation, the State can set you up for failure that could cause lots of inconvenience and unnecessary aggravation. Let us set you up for success!
If you have been accused of an intent to kill crime, be sure to contact the aggressive and compassionate attorneys at Boeheim Freeman Law, who will fight for you and your rights!
The best criminal lawyers will tear apart the credibility and reliability of the State’s witnesses. We investigate thoroughly any motivation that a witness might have to lie or deceive. Our attorneys are well trained in cross-examination techniques and can expertly maneuver around a witness and trap them in their lies and misconceptions. We will get the truth and vigorously defend you. You need an attorney who not only knows the law, but knows how to argue it effectively. Let Boeheim Freeman Law’s expertise and training go to work for you.