Criminal statutes often have different elements that must be proven for each crime. If a person's actions satisfy the elements of more than one offense, they may be charged with all relevant crimes.
At Berlin Defense, we often see clients facing charges for assault with intent to commit a felony after they’ve been arrested for a sex crime or domestic violence charge.
What Oklahoma Law Says About Assault With Intent to Commit a Felony
Assault with intent to commit a felony is covered in Okla. Stat. tit. 21, § 681, which reads:
A. Any person who is guilty of an assault with intent to commit any felony, except an assault with intent to kill, the punishment for which assault is not otherwise prescribed in this code, shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding five (5) years, or in a county jail not exceeding one (1) year, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
B. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of subsection A of this section and the offense involved sexual assault, shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.
The potential risk of spending up to five years behind bars, as well as the stigma that comes with a criminal record involving a felony charge, makes this a very serious offense. It’s in your best interest to seek prompt legal guidance from a skilled Tulsa criminal defense attorney.
Relationship to Sex Crimes Charges
Assault with intent to commit a felony, when it is related to sex crime offenses, typically refers to a situation where an individual has assaulted or attempted to assault someone with the specific intent to commit a sex-related felony. In this context, the sex-related felonies could include crimes such as rape, sexual assault, sexual battery, or any other offense involving non-consensual sexual activity or sexual misconduct.
Sometimes, multiple charges are used as leverage during plea negotiations. Prosecutors may offer to drop some charges in exchange for a guilty plea on others, leading to a plea agreement that resolves multiple offenses with reduced penalties.
Relationship to Domestic Assault and Battery Charges
Assault with intent to commit a felony can be related to domestic violence charges when the assault occurs within the context of a domestic relationship and is committed with the specific intent to commit a felony offense against a family or household member. In such cases, the charge may encompass both the assault itself and the intended felony, which could be a variety of offenses, including assault with a deadly weapon, kidnapping, or other serious crimes.
As previously mentioned, prosecutors may add this charge with the intent of giving themselves leverage during a plea negotiation. When they offer to drop some charges in exchange for a guilty plea on others, they get an agreement that resolves multiple offenses with reduced penalties.
What Should You Do If You’ve Been Charged With Assault With Intent to Commit a Felony?
Learning you’re facing criminal charges is obviously stressful, but it’s important to resist the urge to panic. You can take control of the situation by following a few simple steps.
1. Hire an Attorney
One of the most important steps you can take is to hire an experienced criminal defense attorney. When you work with Berlin Defense, I will help you understand the charges, provide legal advice, and represent your interests throughout the legal proceedings. If you've been arrested, I can help you navigate the bail process to secure your release from custody while your case is pending.
Worried you can’t afford top-notch legal representation? Berlin Defense offers financing options through LawPay.
2. Learn About Oklahoma’s Legal Process and the Charges Against You
Knowing what you’re up against is key. Our website offers a wide range of helpful resources to explain the legal process in Oklahoma, including a felony case timeline and a free guide titled Top 10 Ways You Are Killing Your Defense.
3. Listen to the Court
With so much at stake, the last thing you want to do is give the judge a reason to be upset with you. Attend all court appearances as required and follow our guidance on how to conduct yourself during these proceedings. You should also make sure you follow any court orders, such as attending counseling or anger management classes directed by the court.