The Law Blog of Oklahoma

Is this charge considered a violent crime?

Tuesday, May 30, 2017

Under Oklahoma law, certain crimes are considered "violent crimes." These offenses may require a person to serve a mandatory minimum of 80 percent of thesentence before becoming eligible for parole, and they may require a person to register as a violent offender under the state's Mary Rippy ViolentCrime Offenders Registration Act.

It is important to know whether the charge you are facing is subject to these enhanced penalties, and those charged with certain crimes against a personmay find themselves wondering, "Is this a violent crime?"

Fortunately, the law is pretty clear in helping to determine whether a particular offense is considered a violent crime. Not every crime that involvesviolence--simple assault, for example--is considered a violent crime. Also, some of the crimes listed as violent crimes do not necessarily involvephysical force--extortion, for example. Instead, the "violent crimes" are those listed in 57 O.S. � 571. Thereare 51 crimes specifically listed as violent offenses:

  • assault, battery, or assault and battery with a dangerous or deadly weapon
  • shooting with intent to kill, assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodilyharm
  • aggravated assault and battery on a police officer, sheriff, highway patrolman, or any other officer of the law
  • aggravated assault and battery upon any person defending another person from assault and battery
  • poisoning, shooting, or assault with intent to kill;
  • assault with intent to commit a felony or while masked or disguised
  • first degree murder, second degree murder, first degree manslaughter, or second degree manslaughter
  • kidnapping or kidnapping for extortion
  • burglary in the first degree or burglary with explosives
  • maiming
  • robbery, first degree robbery, second degree robbery, armed robbery, conjoint robbery, or robbery with a dangerous weapon or imitation firearm
  • child abuse
  • wiring any equipment, vehicle or structure with explosives
  • sex crimes including forcible sodomy, first and second degree rape, rape by instrumentation, lewd or indecent proposals to a child, child pornography,aggravated child pornography, or child prostitution
  • use of a firearm or offensive weapon to commit or attempt to commit a felony
  • pointing firearms
  • rioting or inciting to riot
  • first degree arson or injuring or burning public buildings
  • sabotage
  • criminal syndicalism
  • extortion or obtaining signature by extortion
  • seizure of a bus, discharging firearm or hurling missile at bus
  • mistreatment of a mental patient or abuse of a vulnerable adult who is a resident of a nursing facility
  • using a vehicle to facilitate the discharge of a weapon
  • bombing
  • aggravated trafficking
  • human trafficking
  • terrorism

Many of these crimes will require a person convicted to serve at least 80 percent of his or her sentence before becoming parole eligible. A full list of"80 Percent Crimes" is available in the state statutes in 21 O.S. � 13.1.

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