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Assault with Intent to Commit a Felony in Oklahoma Criminal Law

Oklahoma's Assault with Intent to Commit a Felony Statute

The Oklahoma Assault with Intent to Commit a Felony statute can be found at Oklahoma Statute Title 21 O.S. Section 681 and reads as follows

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.

In order to convict a defendant at a jury trial the state must prove the following elements:

ASSAULT WITH INTENT TO COMMIT A FELONY - ELEMENTS

No person may be convicted of assault with intent to commit a felony unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, an assault;

Second, upon another person;

Third, with the intent to commit the felony of [Indicate Specific Felony];

Fourth, the elements of the [Indicate Specific Felony] defendant is alleged to have been in the commission of are as follows:

[Give Elements of Specific Felony].

See Oklahoma Uniform Jury instructions CR 4-14

Assault with an Intent to Commit a felony is a Non-85% crime

Return to the Oklahoma Criminal Law Guide

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