You don’t need to be a legal expert to know that attempted murder is a serious crime. Defending against this charge is complex, and there are many things a judge will look at when it comes time for sentencing. While there’s no single answer to the question “How long do you go to jail for attempted murder?,” we’ll go over what you need to know about the jail time you or your loved one could be facing.
Attempted Murder: Types and Jail Time
The Oklahoma Criminal Code refers to attempted murder as “intent to kill.” It includes various uses of force or violence against another person that could have resulted in death, but did not. Regardless of what it’s officially called, attempted murder is always a felony in Oklahoma. However, the jail time for attempted murder charges varies, and can be affected by other factors.
Oklahoma Statutes Chapter 21 specifies three types of intent to kill, and also includes a catch-all law for “other” attempts to kill. We’ll go over each one and the jail time involved.
Poisoning with Intent To Kill
What It Is: Section 651 of Chapter 21 specifically covers using poison in an attempted murder. Under the law, “Any person who, with intent to kill, administers or causes or procures to be administered to another any poison which is actually taken by such other person but by which death is not caused shall be guilty of a felony.”
Jail Time: Minimum of 10 years and maximum of life in prison.
Shooting With Intent To Kill
What It Is: Section 652 states that “Every person who … discharges any kind of firearm, with intent to kill any person, including an unborn child … shall upon conviction be guilty of a felony.”
Jail Time: Up to life in prison.
Assault and Battery With a Deadly Weapon
What It Is: Assault and battery with a deadly weapon can be considered “intent to kill” under Oklahoma law. According to Section 652, “Any person who commits any assault and battery upon another, including an unborn child, by means of any deadly weapon … or force as is likely to produce death, or in any manner attempts to kill another … shall upon conviction be guilty of a felony.”
Jail Time: Up to life in prison.
Other Attempts To Kill
What It Is: Section 653 covers any other possible attempted murder charge: “Any person who is guilty of an assault with intent to kill any person, the punishment for which is not prescribed by Section 652 of this title, shall be guilty of a felony.”
Jail Time: Maximum of 5 years in state jail or one year in county jail, a maximum fine of $500, or both. While this seems like a lenient sentence, keep in mind that most attempted murder charges will fall under one of the above categories, not Section 653.
What Will Affect Your Attempted Murder Jail Time?
While Oklahoma law lays out maximum sentences, for most attempted murder charges, jail time is left up to the prosecutor, the jury, or the judge. The real answer to the question “How long do you go to jail for attempted murder?” can depend on the following factors:
- Your criminal record, especially if you have a history of similar charges
- The number of people harmed
- Whether you caused serious bodily harm to anyone other than the intended victim
- The age of the victim or victims: attempted murder against a child or elderly person will likely carry a harsher punishment
- Whether you used a weapon and what type of weapon
- Whether you injured any members of law enforcement
What Else Should You Know About Jail Time for Attempted Murder?
There’s one more important thing to know if you’re wondering how long you go to jail for attempted murder: Oklahoma follows what’s known as the “Eighty-Five Percent Rule” for certain felonies. All of the “intent to kill” crimes described here fall under this rule. The Eighty-Five Percent Rule states that anyone convicted of these crimes must serve at least 85% of their sentence before they’re eligible for parole.
To determine parole eligibility, Oklahoma calculates a life sentence as 45 years. That means anyone convicted and sentenced to “life in prison” has to serve just over 38 years to be eligible. If you’re sentenced to the minimum of 10 years for poisoning with intent to kill, you’d have to serve at least 8.5 years.
The Bottom Line
Without knowing all the facts of the case, it can be difficult to estimate how long you’ll go to jail for attempted murder in Oklahoma. But one thing is certain: A great attorney is key to helping you fight the charges. At the Khalaf Law Firm, we know what it takes to investigate and aggressively defend your case. Contact us today for a free case evaluation and see how you can get started on your defense.