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The presence or use of a weapon can greatly impact the way a criminal case is filed and prosecuted in Oklahoma. In general, the mere use of a firearm while committing a felony is a separate chargeable offense. Moreover, the possession of a firearm is illegal for those subject to felony conviction consequences. Furthermore, there are many other criminal charges that may result from the possession or use of a weapon, and these charges are vigorously prosecuted, which is why a weapons charges attorney is crucial for these types of offenses. To illustrate, some crimes, such as Robbery or Attempted Robbery with a Dangerous Weapon or Imitation Firearm, are charges that carry harsher sentences than the equivalent would absent the presence of a weapon. Other weapons charges include, but are not limited to:
Furthermore, Oklahoma law may also require the civil forfeiture of weapons the prosecution alleges were used in conjunction with a crime. A civil forfeiture case is separate and distinct from the underlying criminal case. However, even though the forfeiture case will be filed as a civil action, it is very important to hire a weapons charges attorney to help you navigate the civil forfeiture proceedings. There are very specific pleadings that must be filed, and the deadlines are time-sensitive.
As previously noted, felony cannot carry a firearm in Oklahoma. Loss of gun rights is one of the many civil-liberty deprivations convicts face under Oklahoma law. Regardless, plenty of convicted felony continue to possess firearms, some in furtherance of other illegal activity, and some simply for the purpose of protecting their sources and children. No matter the reason, a felon in possession of a firearm will still face new felony charges if and when caught.
Prior to November 1, 2022, it was illegal for a felon to merely be in a vehicle or home where a firearm is located. However that law was amended to only penalize felons who have a firearm in their residence or in a vehicle they are driving (not in which they are simply riding as a passenger). Still, under Oklahoma law, it does not matter whether the felon actually knew of the weapon's presence in the vehicle they are driving or within their residence. As such, the felon does not have to even actually possess the firearm in order to get charged. The "knowledge" aspect is often a fact question that has to litigated in court before a judge or jury.
Regardless, this is still a very strict standard to be held to; however, it is the law. Punishment for Possession of a Firearm After Former Conviction of a Felony in Oklahoma is a minimum of one year incarceration to a maximum of ten years in prison.
When a person commits an assault and battery with a dangerous weapon in Oklahoma, he or she will be subject to felony charges. This can occur when someone commits either an assault, a battery, or both with a dangerous weapon. Under Oklahoma law a dangerous weapon is usually a sharp or blunt object.
A&B with a Dangerous also encompasses situations in which someone shoots at another with the intent to injure the person. The punishment for assault and battery with a dangerous weapon is incarceration in the state prison for up to ten years, or incarceration in the county jail for up to one year.
The use of a deadly weapon in Oklahoma is usually considers more egregious than the use of a dangerous weapon. The laws concerning this crime or listed under the "Attempts to Kill" chapter of the Oklahoma Statutes. Consequently, the punishment for Assault and Battery with a Deadly weapon extends to anyone who uses force, which is likely to produce death, against another or otherwise attempts to kill someone.
The punishment for Assault and Battery with a Deadly Weapon is up to life in the state penitentiary. The punishment is the same for anyone who attempt to kill another person. Anyone convicted of using a vehicle to intentionally discharge a weapon or otherwise commits a "drive by shooting" is punishable by two years to life imprisonment.
If you or a loved one has been charged with a weapons crime in Oklahoma, time is of the essence. You need an weapons charges attorney in Oklahoma, and you need one right now. Call the Law Offices of Adam R. Banner, P.C., and retain an accomplished attorney ready to fight for your rights. Call us today at (405) 778-4800 for a free consultation.