Oklahoma takes violence seriously within its borders. And it aggressively prosecutes the planning, threatening or attempt of any violent act. Planning or threatening a violent act is punished harshly in Oklahoma.
Planning or Threatening a Violent Act: What The Law Says
In Oklahoma, planning or threatening a violent act is defined as an attempt or conspiracy to perform a violent act, involving serious bodily harm or death, upon another. Okla. Stat. tit. 21 § 1378. It is a broad statute meant to cover a large number of possible scenarios.
Serious bodily injury, as defined (in the statute pertaining to aggravated assault and battery) as a bone fracture, protracted or obvious disfigurement, a long-term loss or impairment of the function of a bodily part or organ. Okla. Stat. tit. 21 § 646.
Planning or threatening a violent act is a felony punishable by as many as 10 years in prison, whether the planning is done alone or as part of a conspiracy. Just threatening a violent act is a misdemeanor, punishable by as many as six months in county jail.
How is Conspiracy Different?
In some ways, these two crimes are very similar. Conspiracy can also be grounded in the planning of a violent act. Although, many conspiracies cover crimes that are based on fraud or deceit instead of violence.
In Oklahoma, conspiracy is defined as two or more persons planning to commit a crime, or planning to falsely accuse another of committing a crime, or planning or conspiring to have someone else falsely charged for a crime.
By its definition, conspiracy involves more than one person. Planning or threatening a violent act says nothing about the number of people involved in the planning. It could be one person or more than one person.
Conspiracy includes the instigation or maintaining of a false lawsuit or false legal action against another. It can also include planning to cheat or defraud a person of their property, to commit acts that are harmful to the health, morals or commerce of the public.
Conspiracy is usually treated as a misdemeanor unless the crime conspired is a felony. Conspiracy to commit a felony is punishable by as many as 10 years in jail. And you could be fined as much as $5,000. Okla. Stat. tit. 21 § 421. An agreement to commit a crime by itself is not sufficient. There must be an act in furtherance of the plan for the crime of conspiracy to have occurred.
Planning or threatening a violent act is a serious crime in Oklahoma; whether alone or in a conspiracy, whether the act is merely planned or completed. If you are facing charges for this or any other criminal matter in Claremore, you should hire an experienced criminal defense attorney as soon as possible to help protect your freedom. It is important that you do not try to go this alone.
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