A Felony on Wheels
Video Transcribed: So what is a drive-by shooting in Oklahoma? Hi, I’m Ty Smith, an Oklahoma City area attorney with Wirth Law Office. And this is a question that may seem relatively obvious, but it has some areas that maybe won’t be so obvious to you.
So the elements of a drive-by shooting are; you use a vehicle to facilitate the intentional discharge of a firearm, a crossbow, or some type of weapon, which typically needs to be a projectile-style weapon, in conscious disregard of the safety of those, of others, those not in the car.
It’s important to know that it’s any vehicle. You could be on the back of a steamroller or something or a forklift, that’s a vehicle. Bikes. I’ve never seen a bike drive by, not a motorbike, I mean like a pedaling bike. I’ve never heard of one of those but I imagine that is technically a vehicle and so by definition, it would be correct. Now, this is a felony. This is serious. It gets you anywhere between two and life in prison. Two years to life in prison.
Typically, a defense attorney leans on more of mistaken identity, that person was not the one who did the shooting so they didn’t intentionally discharge. They didn’t do the shooting and so they should receive some type of lesser offense. But typically, if you discharge a weapon out of a vehicle, it’s difficult to overcome it, but not impossible, especially if you have an experienced defense attorney on your side.
If you would like to speak with an attorney about this, I would love to speak with you about this or any other criminal matter for that matter. Once more, I’m Oklahoma criminal defense lawyer Ty Smith, you can find me at theoklahomacityattorney.com. You can also call my office at (405) 888-5400. I would be glad to speak with you about this.