Shooting with Intent to Kill
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Shooting with Intent to Kill
In Oklahoma, this charge replaces attempted murder. It is defined as:
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, shall upon conviction be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life. 21 O.S. 652
There are several defenses to shooting with intent to kill.
Prove that it wasn’t the weapon.
Destroy the eyewitness testimony.
Prove that there was no intent.
Show that it was self-defense.
Self-Defense and Defense of Others
Self-Defense may be used as an affirmative defense in the following cases:
1. When resisting any attempt to murder such person, or to commit any felony upon him, or upon or in any dwelling house in which such person is;
2. When committed in the lawful defense of such person or of another, when the person using force reasonably believes such force is necessary to prevent death or great bodily harm to himself or herself or another or to terminate or prevent the commission of a forcible felony; or
3. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace. 21 O.S. 733
Shooting with Intent to Kill - Litigation Expertise
You need an attorney who not only knows the law, but also knows the science. Let Boeheim Freeman Law’s expertise and training in science go to work for you challenging ballistics, wounds, blood spatter, and witness identification.