Understanding Arrests Involving Firearms During a Felony in Oklahoma
Being arrested with a firearm during the commission of a felony in Oklahoma is a serious legal issue. The law prohibits carrying or possessing a firearm while committing a felony, and such charges often bring additional penalties beyond the original felony. Okla. Stat. tit. 21 § 1272. Common concerns clients have include understanding the specific charges they face, how the presence of a firearm affects their case, and what penalties could result from a conviction. Oklahoma law also restricts possession of firearms by felons and unlawful carrying of weapons, which can complicate matters if there are prior convictions or if the firearm was used in an aggravated assault. Okla. Stat. tit. 21 §§ 1283, 1284. These charges are often accompanied by enhanced penalties, meaning the consequences can be much more severe than for the underlying felony alone.
To secure a strong defense, it is essential to understand that the prosecution must prove that the defendant knowingly and willingly were in possession of a firearm while committing a felony. OUJI-CR 6-38
Clients frequently ask what “carrying a firearm during a felony” really means. It includes having a gun on your person or within reach while committing certain crimes. Even if the gun is not fired, just having it during the felony can lead to serious charges. jury instructions in Oklahoma clarify that the state must prove the firearm was carried during the felony for a conviction on these charges. Understanding this is key to building a defense.
The High Stakes of Facing Firearm Charges During a Felony
The consequences of being arrested with a firearm during a felony can be devastating. A conviction can mean long jail or prison sentences, often longer than for the felony alone. Losing your freedom is just the start—your job, custody of your children, and even your immigration status can be at risk. The stress and fear of these immediate and long-term losses weigh heavily on people. Legal problems escalate quickly in these cases, as prosecutors aggressively pursue enhanced penalties when firearms are involved. The added charges can derail your life and future opportunities.
For many, the thought of facing enhanced penalties sparks intense worry. This is especially true if the firearm was allegedly used in an aggravated assault or battery, which carries its own serious consequences. Okla. Stat. tit. 21 § 1289.8. The fear of losing everything can be overwhelming, and navigating the legal system without professional help often leads to worse outcomes. The clock is ticking from the moment of arrest, and acting quickly can make a crucial difference.
Protect Your Future with Experienced Legal Help
Facing charges involving a firearm during a felony demands skilled defense. A knowledgeable criminal defense attorney can analyze the details of your case, challenge the evidence, and work to reduce or dismiss the charges. This includes scrutinizing how the firearm was found, whether the prosecution can prove the firearm was carried during the felony, and exploring any violations of your rights during the arrest.
Aggressive legal strategies are necessary to protect your record, your freedom, and your future. Do not underestimate the complexity or the penalties involved. The right defense from Wirth Law Office – Oklahoma City can mean the difference between a harsh sentence and a second chance.
If you or a loved one is facing these charges, reach out immediately. Time is critical, and waiting can lead to irreversible consequences. Trust a dedicated Oklahoma City attorney to stand by your side through this difficult time.
If you need legal help, call Wirth Law Office – Oklahoma City at (405) 888-5400.
