What Is The Crime Of Felony Pointing a Firearm At Someone In Oklahoma

In Oklahoma, the crime of felony pointing a firearm gun at someone is a serious offense classified under assault-related crimes. The law specifically addresses the dangers and threats posed by such actions, even if the gun is not fired. Understanding the legal implications and potential penalties for this crime is crucial for anyone accused of this offense.

Legal Definition and Elements of the Crime

Oklahoma Statutes Title 21, Section 1289.16, defines the crime of Felony Pointing a Firearm at another person. Firstly, you must intentionally point a firearm at another person. This includes any pistol, rifle, shotgun, or other firearm capable of discharging a projectile. This must have also been intentional, and you must act without lawful justification or excuse. For example, pointing a gun in self-defense under imminent threat may not constitute a crime.

Penalties for Pointing a Gun at Someone in Oklahoma

Oklahoma treats Felony Pointing a Firearm at someone as a severe offense with significant penalties. Depending on the circumstances, the crime can be classified as either a misdemeanor or a felony. If no injury occurs and there are no aggravating factors, authorities may charge you with a misdemeanor. This can result in imprisonment for up to one year in county jail, a fine of up to $1,000, or both.

However, if there are aggravating factors, such as the presence of children, previous convictions, or if you committed the act during another crime, the charge may elevate to a felony. A felony conviction can lead to imprisonment for one to ten years in state prison and significant fines.

Defenses to Pointing a Gun at Someone

Several defenses may be available if you face charges of pointing a gun at someone in Oklahoma. These defenses aim to demonstrate that the act was either justified or that you did not meet the legal elements of the crime.

If you pointed the firearm in response to an imminent threat to your life or safety, or someone else’s, self-defense may be a valid defense. However, you must demonstrate that you reasonably believed you were in immediate danger. If you can prove that the pointing of the firearm was accidental and not intentional, this can benefit you too, as intent is one of the most important elements of the crime.

While these are just some potential defenses, your attorney will be able to look at your case and tell you what your options are.

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Tulsa Firearm Criminal Lawyers

Felony Pointing a Firearm at someone in Oklahoma is a serious crime with severe penalties, including potential imprisonment and fines. The crime requires intentional action without lawful justification. Defenses to this charge include self-defense, defense of others, lack of intent, and mistaken identity. Consulting with an experienced criminal defense attorney is crucial to navigate the complexities of the legal system and mount an effective defense. Our team of criminal defense lawyers at Kania Law Office have years of experience handling criminal cases. Reach out to us at (918) 743-2233 or online.