Think before You Act
Video Transcribed: What is criminal attempt in the state of Oklahoma? Hi. I’m Oklahoma attorney Brian Glass.
I’ve had clients come in from time to time that are accused of attempting a crime. What is this? Well, by definition, under Title 21, Chapter 2 of Oklahoma Statutes Crime and Punishments, “Every person who attempts to commit any crime, and in any such attempt does act toward the commission of such crime, but fails or is prevented or intercepted, and the perpetration thereof is punishable as follows.”
This simply means, if you were in the commission of either a felony or a misdemeanor, and you got stopped in the commission of said crime, there is punishment for that. You were about to, say, rob a bank, and you were stopped right outside the bank. Well, you could still be charged with armed robbery or burglary, whatever the case may be.
If there was someone in the home or bank, excuse me, at this point, it would be a robbery. If there was no one inside the building, it would be, then, a burglary. Different punishments are different for different types of crime. For instance, if the crime is punishable by four years or more in the penitentiary, then the punishment for the attempt would be half of that, half of the maximum amount of time allowed by law. If the offense is below four years, then the punishment for that would be one year in the county jail.
Again, this is on a case-by-case basis, depending on what you were arrested for, what you were caught for, and if there are any provisions already in the law for an attempt for that crime, then you would be punished per that statute. In any of these other crimes that are not specifically laid out, then Title 21, Chapter 2 gives us the guidance for the range of punishment.
If you’ve been charged with an attempt, or you have any other criminal questions, feel free to reach out to me. You can find me, a Chickahsa criminal defense lawyer, at chickashalawyer.com.