Violent Crimes in Oklahoma - Criminal Defense Lawyer Frank Urbanic

Violent crimes in Oklahoma are listed in 57 O.S. § 571:

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 bodily harm, as provided for in 21 O.S. § 652;
Aggravated assault and battery on a police officer, sheriff, highway patrolman, or any other officer of the law;
Poisoning with intent to kill;
Shooting with intent to kill;
Assault with intent to kill;
Assault with intent to commit a felony;
Assaults while masked or disguised;
Murder in the first degree;
Murder in the second degree;
Manslaughter in the first degree;
Manslaughter in the second degree;
Kidnapping;
Burglary in the first degree;
Burglary with explosives;
Kidnapping for extortion;
Maiming;
Robbery;
Robbery in the first degree;
Robbery in the second degree;
Armed robbery;
Robbery by two or more persons;
Robbery with dangerous weapon or imitation firearm;
Child abuse;
Wiring any equipment, vehicle or structure with explosives;
Forcible sodomy;
Rape in the first degree;
Rape in the second degree;
Rape by instrumentation;
Lewd or indecent proposition or lewd or indecent act with a child;
Use of a firearm or offensive weapon to commit or attempt to commit a felony;
Pointing firearms;
Rioting;
Inciting to riot;
Arson in the first degree;
Injuring or burning public buildings;
Sabotage;
Criminal syndicalism;
Extortion;
Obtaining signature by extortion;
Seizure of a bus, discharging firearm or hurling missile at bus;
Mistreatment of a mental patient;
Using a vehicle to facilitate the discharge of a weapon pursuant to 21 O.S. § 652;
Bombing offenses as defined in 21 O.S. § 1767.1;
Child pornography or aggravated child pornography as defined in 21 O.S. §§ 1021.2, 1021.3, 1024.1 or 1040.12a;
Child prostitution as defined in 21 O.S. § 1030;
Abuse of a vulnerable adult, as defined in 43A O.S. § 10-103, who is a resident of a nursing facility;
Aggravated trafficking as provided for in 63 O.S § 2-41(C);
Aggravated assault and battery upon any person defending another person from assault and battery;
Human trafficking as provided for in 21 O.S. § 748; or
Terrorism crimes as provided in 21 O.S. § 1268 et seq.

Individuals convicted of a violent crime can receive a maximum credit in prison of only 44 days per month. People convicted of only nonviolent crimes can earn up to 60 days per month in credits. Some violent crimes are considered worse than others, and those are known as “85% crimes.” People convicted of these offenses are required to serve no less than 85% of any sentence of imprisonment prior to becoming eligible for consideration for parole. They are not eligible for earned credits or any other type of credits that have the effect of reducing the length of the sentence to less than 85% of the sentence imposed.

Are All Violent Crimes In Oklahoma Felonies?

In Oklahoma, any crime that is considered “violent” per 57 O.S. § 571 is a felony. However, there are other crimes that people may consider violent that are not listed—some of which are misdemeanors. An example of this is Domestic Assault & Battery.

Does The Prosecutor File The Most Severe Charges In A Violent Crimes Case?

Prosecutors will generally file the most serious charges that they believe they can get a conviction on. They should only be charging crimes that they believe they can prove to a jury beyond a reasonable doubt that the defendant did it. Prosecutors frequently overcharge, however. It is up to the defense attorney to investigate, research, and determine the severity of the action that was taken by the defendant. If it does not rise to the level of a violent crime, then the evidence certainly should be presented to the prosecutor. If the prosecutor is reasonable, then they should amend the charges or accept a plea to the non-violent charges.

Do Any Violent Crimes Qualify For Pardon Or Expungement In Oklahoma?

Violent crimes do not generally qualify for pardons and expungements under Oklahoma law. Expungements in Oklahoma are covered by 22 O.S. § 18. The only way that someone who has been convicted of a violent crime can have his or her conviction expunged is to receive a full pardon, on the basis of a written finding by the Governor of actual innocence of the crime for which the claimant was sentenced. It is possible to get a pardon for non-violent felony offenses under certain circumstances, whether the offender received a conviction or not. A pardon by the Governor is required prior to getting an expungement for a non-violent felony offense.

Is The Threat Or Attempt Of Violence Enough To Bring Criminal Charges For A Violent Crime?

A threat or attempt of violence is enough to bring criminal charges for a violent crime in Oklahoma. Attempt is covered under 21 O.S. § 42. It states that any person who attempts to commit any crime, and in such an attempt does any act towards the commission of such a crime but fails, or is prevented, or is intercepted in the perpetration thereof, is punishable where no provision is made by law for punishment of such attempt.

If the offense attempted is punishable by imprisonment in the Department of Corrections for four years or more, or by imprisonment in a county jail, the person guilty of such an attempt is punishable by imprisonment in the Department of Corrections or in a county jail for a term not exceeding one-half of the longest term of imprisonment prescribed upon conviction for the offense attempted.

If the offense attempted is punishable by imprisonment in the Department of Corrections for any time less than four years, then a person guilty of such attempt is punishable by imprisonment in a county jail for no more than one year. If the offense attempted is punishable by a fine, the offender convicted of such attempt is punishable by a fine not more than one-half of the largest fine that may be imposed upon a conviction of the offense that was attempted.

Why Is It Important To Hire An Attorney Experienced In Handling Violent Crime Cases?

It’s important to hire an attorney who is experienced in handling violent crime cases because it’s a big deal to get charged with a violent crime. There are serious implications to not just being convicted of a violent crime, but to even being charged with a violent crime. They are put into a special category for a reason. These crimes generally cause more harm to other people than “non-violent crimes.” Therefore, people look at individuals convicted of violent crimes in a much more negative way. There are far more implications to a violent crime conviction. These can include mandatory prison sentences or registration. It would be very difficult to get a job with a violent crime on someone’s record. Therefore, it’s important to hire an attorney who knows what they are doing and has the time and experience to help their clients. The stakes are very high for people charged with violent crimes. Part of taking these charges seriously is hiring an attorney who understands what is at stake.

Sources: 57 O.S. § 571, 57 O.S. § 138, & 21 O.S. § 13.1

Mary Rippy

The Mary Rippy Violent Crimes Offender Registration Act applies to individuals convicted of certain crimes on or after November 1, 2004. It applies to any person residing, working, or attending school in Oklahoma who is subsequently convicted of, or who receives a deferred judgment or suspended sentence for, any crime or attempted crime listed below by any court in Oklahoma, another state, the United States, a tribal court, or a military court. It also applies to any person who subsequently enters Oklahoma for purposes of residence, work, or to attend school and who has been previously convicted of or is subject to a deferred judgment, suspended sentence, probation, or parole from any court of another state, the United States, a tribal court, or a military court for any crime or attempted crime which, if committed or attempted in Oklahoma, would be a crime substantially similar to any of the crimes listed below. The following crimes and attempts to commit such crimes must be registered under the Mary Rippy Violent Crime Offenders Registration Act:

First degree murder as provided for in 21 O.S. § 701.7;
Second degree murder as provided for in 21 O.S. § 701.8;
Manslaughter in the first degree as defined by 21 O.S. § 711;
Shooting or discharging a firearm with intent to kill, use of a vehicle to facilitate the intentional discharge of a firearm, crossbow or other weapon, assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodily harm, as provided for in 21 O.S. § 652;
Assault with intent to kill as provided for in 21 O.S. § 653;
Bombing as provided for in 21 O.S. § 1767.1;
Abuse as specifically provided below; and
Any crime or attempt to commit a crime constituting a substantially similar offense as above that was adjudicated by any court of another state, the United States, a tribal court, or a military court.

Qualifying crimes for “abuse” are Abuse, Neglect, or Financial Exploitation by Caretaker; Verbal Abuse by a Caretaker; Omission to Provide for a Child; Child Endangerment by Permitting Child Abuse; and Abuse, Neglect, Exploitation, or Sexual Abuse of Child. When determining whether a crime involving abuse requires registration under this Act, the judge must determine whether the crime resulted in:

physical pain, injury, sexual abuse, sexual exploitation, unreasonable restraint or confinement, or mental anguish to the victim, or
deprivation of nutrition, clothing, shelter, health care, or other care or services that caused serious physical or mental injury to the victim,

and whether the facts or nature of the offense warrant registration for public disclosure and protection of victims. Not every offense listed as a qualifying crime for abuse requires automatic registration under Mary Rippy, and no other offenses may be authorized for consideration for registration as a crime of abuse. A judge may not order any defendant to register under Mary Rippy if the defendant is required to register pursuant to any provision of the Oklahoma Sex Offenders Registration Act for the same offense. Upon the judge determining the defendant should register pursuant to Mary Rippy for a crime of abuse, the defendant must be ordered to register and to comply with all provisions of Mary Rippy Violent, including, but not limited to, the statutory term of registration.

For purposes of this Mary Rippy, “convicted of” means an adjudication of guilt by a court of competent jurisdiction whether upon a verdict or plea of guilty or nolo contendere.

How Do I Register As A Violent Offender If I Am Subject To Mary Rippy?

Any person who becomes subject to the provisions of the Mary Rippy Violent Crime Offenders Registration Act must register as follows:

With the Department of Corrections within three business days after being convicted or receiving a deferred or suspended sentence, if you are not incarcerated, or within three business days after release from a correctional institution, including parole release, except as provided in the section outlining registration procedures for someone from out of state;
With the local law enforcement authority having jurisdiction in the area where you reside or intend to reside for more than seven days. The registration is required within three days after entering the jurisdiction of the law enforcement authority; and
With the Department of Corrections and the local law enforcement authority no less than three business days prior to abandoning or moving from the address of the previous registration.

The Department of Corrections will conduct address verification of each registered violent crime offender on an annual basis by mailing a nonforwardable verification form to the last-reported address of the offender. The offender must return the verification form in person to the local law enforcement authority of that jurisdiction within ten days after receipt of the form and may be photographed by the local law enforcement authority at that time. The local law enforcement authority must forward the form to the Department of Corrections within three days after receipt of the form. The verification form must be signed by the offender and state their current address. Failure to return the verification form constitutes a violation of the Mary Rippy Violent Crime Offenders Registration Act.

How Do I Register As A Violent Offender Under Mary Rippy If I Am From Out Of State?

If you enter Oklahoma and you’re subject to Mary Rippy, then you must register as follows:

With the Department of Corrections when you enter and intend to be in Oklahoma for any purpose for 30 days or more, have any type of full-time or part-time employment (with or without compensation) for more than 14 days or an aggregate period exceeding 30 days within a calendar year, or are enrolled as a full-time or part-time student within Oklahoma. Such registration is required within three days after entering Oklahoma;
With the local law enforcement authority having jurisdiction in the area where you intend to reside or to stay for more than seven days, have any type of full-time or part-time employment (with or without compensation) for more than 14 days or an aggregate period exceeding 30 days within a calendar year, or are enrolled as a full-time or part-time student within Oklahoma. The registration is required with local law enforcement within three days after entering the jurisdiction of the local law enforcement authority; and
With the Department of Corrections and the local law enforcement authority no less than three business days prior to abandoning or moving from the address of the previous registration.

How Long Do I Have To Register As A Violent Offender For?

You must be continuously registered during the term of the sentence and for a period of ten years after the date of the completion of the sentence. “Date of the completion of the sentence” means the day an offender completes the entire term of the incarceration imposed by the sentence including any term that is deferred, suspended, or subject to parole.

Who Is Considered A Habitual Violent Crime Offender?

You will be designated a “habitual” violent crime offender if you have been convicted of or received a deferred or suspended sentence for any crime required to register pursuant to Mary Rippy and you:

Are subsequently convicted of a crime or attempt to commit a crime requiring registration under Mary Rippy; or
Entered Oklahoma after November 1, 2004 and have been convicted of an additional crime or attempted crime which, if committed or attempted in Oklahoma, would be a crime or an attempt to commit a crime requiring registration under Mary Rippy.

If you are deemed a habitual violent crime offender, then you are required to register for your lifetime. Address verification by the Department of Corrections will be conducted every 90 days.

What Happens If I Violate Mary Rippy?

A violation of Mary Rippy is a felony. The maximum punishment in the Department of Corrections is five years. The maximum fine is $5,000.

Sources: 57 O.S. § 593, 57 O.S. § 594, 57 O.S. § 595, & 57 O.S. § 599