Threatening or Attempting an Act of Violence in Oklahoma
Oklahoma statute § 21-1378 states that it is unlawful to attempt or threaten an act of violence that is intended to cause severe bodily harm or death to another person. An attempt of this nature is considered a felony, while a threat to kill or harm someone is charged as a misdemeanor.
Distinguishing Attempt from Assault
It is important to understand that, under Oklahoma law, an attempt to perform a violent act is separate and distinct from an act of assault. Generally, assault involves some physical motion such as throwing a fist or swinging an object at another person in an attempt to physically harm them.
Penalties for Threatening or Attempting Violence
- The misdemeanor charge of threatening to perform a violent act can result in up to six months in jail.
- Attempting to commit a violent act is considered a felony and can result in up to 10 years in prison.