Felonious assault is a statute meant to ensure convictions by prosecutors in Muskogee, Oklahoma. It is often charged with other crimes such as rape. Here is what you need to know about felonious assault in Muskogee, Oklahoma.
Felonious Assault Defined
In Oklahoma, felonious assault is defined as a person who commits an assault with an intent to commit any kind of felony outside of an intent to kill. Okla. Stat. tit. 21 § 681.
The assault can occur during a rape or attempted rape, or any other felony. A defendant will usually be charged both with the rape or attempted rape charge as well as the felonious assault charge.
Another clear example is an assault committed in conjunction with a robbery. In Oklahoma, robbery is defined as the wrongful taking of another person’s property, either directly from that person’s body, or from their immediate surroundings — against their will — and through the use of force or fear. Okla. Stat. tit.21 § 791. It is a felony.
Felonious assault is often charged in conjunction with robbery
Here are the elements that a prosecutor must prove in order to secure a conviction:
- An assault;
- upon another person;
- made with the intent to commit another felony; and
- all the elements of the felony intended to be committed. OUJI-CR 4-14
An assault or battery without a specific intent to commit another felony is not enough to gain a conviction for felonious assault. The intent to commit another felony can be difficult to prove, but may be inferred from the nature of the assault and the circumstances in which the assault occurred.
For example, if the assault occurs during a robbery, finding the victim’s property on the defendant may be used by the prosecution to show that the assault occurred specifically to obtain the victim’s property.
Penalties For Felonious Assault
If convicted of this felony, a defendant can face up to five years in prison, or $500 in fines, or both a fine and prison in addition to the penalties involved in the underlying felony intended or committed.
If the felonious assault was committed in conjunction with a sexual assault and the defendant is sentenced to two or more years in prison, that defendant will also have to register with the Sex Offender Registry after release from prison.
If you or a loved one are facing charges for felonious assault, make sure to talk to an experienced Muskogee criminal defense attorney first to help you build a strong defense and protect your freedom.
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