Felony assault in Wagoner County is a serious charge that can have life altering consequences. Facing criminal charges is always a significant event. However, by understanding your rights and the specifics of the charge against you you can help your situation immensely. If you have been charged with felonious assault in Oklahoma, read below for a better understanding of the law, your potential defenses, and your legal options.
Legal Penalties for Felonious Assault
According to Oklahoma Statutes ยง21-681, felony assault is an assault committed with the intent to commit any felony, except an attempt to kill. The law clearly states that if your intent was to commit a felony through assault but not to take a life, you could be facing a felony assault charge in Wagoner. The consequences of being guilty of felonious assault in Oklahoma are severe. If convicted, you face a range of penalties depending on the severity and specifics of your case.
The law specifies that you could receive imprisonment for up to five years if sent to the Department of Corrections, or up to one year in county jail. Further, you might receive a fine of up to $500, or face both a fine and imprisonment. The final decision on sentencing takes into account the nature of the felony intended and the circumstances of the assault. Additionally, if the felony assault involves a sexual component and your sentence is two years or longer, you must undergo post-imprisonment supervision. This period of supervision follows your release and is there to ensure that you reintegrate into society under close watch, with conditions set by the Department of Corrections.
Societal Consequences of a Felony Assault
You can lose a lot of things in a felony assault conviction, but not just time and money. Most people will consider the possibility of imprisonment or fines, but not the lifelong ones that will follow. As a result of a felony conviction, you will lose some integral rights you had prior to the charges. These include voting rights, gun rights, employment opportunities, and probate administrator opportunities. It can also severely limit your opportunities to ever adopt, be a guardian of, or foster a child.
For employment, you could never be in a public office position or have a civil servant job. Additionally, if a family member dies you cannot be an administrator to their probate estate. Sometimes people will attempt to gain a pardon, but the State of Oklahoma won’t always accept these pardons. This will all depend on the severity of the assault and if there is a history of repetitive criminal behaviors. For these reasons, you should always seek the legal expertise of a criminal defense attorney.
Understanding the Requirements of the Charge
For a conviction of felony assault in Wagoner, the prosecution must prove several elements beyond a reasonable doubt. These include the act of assault, the assault being on another person, the intent to commit a specific felony through the assault, and the elements of the felony you intended to commit. This means that simply showing an assault took place is not enough for a conviction; there must be clear intent to commit a further crime. Often, when proving intent they rely on witness testimony, and forensic evidence. Another component they can use is by looking into the history you have with this person. If there is a definitive chain of events that lead up to this, it can impact the courts decision.
Defenses Against Felony Assault Charges in Wagoner
If you’re facing these charges in Wagoner County, knowing possible defenses is essential. One common defense is the lack of intent to commit a felony. If you can prove that there was no specific intent to commit a felony, then the charge of felonious assault may not hold. Sometimes, the circumstances or the nature of the assault might suggest a different intent, or no particular intent at all, beyond the assault itself. An example is if you tripped or were pushed and fell into someone, causing them injury.
Another possible defense is self-defense. If you can prove that you were defending yourself and that the assault was a necessary action in your defense, this could be a valid defense against the charge. However, the specifics of this defense depends on the threat you perceive and the proportionality of your response. If you resort to a high level of injury to a minor threat, you could still face charges. When facing assault charges, having an experienced assault attorney by your side is crucial. A legal professional can help argue your case, whether it’s challenging the prosecution’s evidence of intent, asserting a defense of self-defense, or negotiating lesser charges if applicable.
Wagoner County Felony Assault Lawyers
If you are dealing with a charge of felonious assault, or if you know someone who is, understanding and navigating the legal system is crucial. A felony assault charge in Wagoner County could leave you with a lifetime of issues. With the help of our Wagoner Attorneys, you can manage the situation more effectively and work towards a more favorable outcome. Remember, every case is unique, and the specifics of the law as applied to your case can make a significant difference in the outcome. For a free consultation, contact us at 918-283-7394 or click here to ask a legal question.
