Shooting with Intent to Kill and Drive-By Shooting reduced to Probation on Domestic Assault and Battery with a Dangerous Weapon
In Oklahoma City, a lady was in a car driven by her friend. She and her friend were hailed by her husband. She had an argument with her husband and ended up being assaulted by him. As he walked away from the assault she pulled out a handgun and fired two shots in his general direction striking the ground near him. She ended up in jail and needed counsel.
The prosecutor wanted a 10 year sentence in the Oklahoma Department of Corrections for trying to kill him, but she didn't know everything about the situation. When I explained that my client had just been assaulted by the alleged victim and the gun held ten rounds and that if she had wanted him to be dead he'd be dead (shooting from around ten feet) the prosecutor relented and accepted a reasonable counter offer including counseling and probation (and no possession of firearms).
My client was upset that she had to be on probation, but after consulting her friends with experience in the criminal justice system she realized she was getting a good deal given that she had shot at a man in public while he was walking away (no longer a threat to her).
Practice area(s): Criminal Defense