Sometimes speaking can be a criminal act. That’s true in Oklahoma for threatening an act of violence, said Tulsa criminal defense attorney Stephen Cale.

The following is for educational purposes, is not legal advice, and does not create an attorney-client relationship. If you or someone you know has been charged with threatening an act of violence, call the Cale Law Office at 918-277-4800. Or, you can contact us through the web. Your initial consultation is free.

Title 21 section 1378 of the Oklahoma Statutes defines threatening an act of violence. Basically, a person is guilty of that crime if they: 1) threaten to perform an act of violence; 2) involving or intended to involve serious bodily harm or death; 3) of another person. Oklahoma makes this a misdemeanor crime. The possible punishment is up to six months in the county jail.

Even though this crime involves speech, the First Amendment to the United States Constitution does not protect a person who threatens an act of violence. The U.S. Supreme Court held in Virginia v. Black, 538 U.S. 343 (2003) that states can ban a “true threat.” In that case, the high court said that: “ “True threats” encompass those statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.”

Also, while the crime is a misdemeanor, the law makes attempting, conspiring or endeavoring to perform an act of violence a more serious crime. In that instance, it is a felony and punishable by imprisonment for up to 10 years, said Tulsa criminal defense attorney Stephen Cale.

Both charges are serious matters. A conviction for such crimes can have a devastating impact in a person’s life. That’s why anyone charged with this crime needs an experienced Tulsa criminal defense attorney.

Attorney Stephen Cale is dedicated to the practice of criminal defense and medical marijuana law. The mission of the Cale Law Office is to achieve the best possible results for our clients through hard work, attention to detail, and aggressive representation. This is done while maintaining the highest level of professionalism, integrity, and ethical standards.

If you’re looking for a criminal defense attorney near you, call the Cale Law Office at 918-277-4800. Your initial consultation is free. Serving clients throughout Northeastern Oklahoma, including Tulsa, Washington, Nowata, Rogers, Craig, Okmulgee, Creek, Pawnee and Osage counties.