Road rage crimes in Oklahoma are not really criminal in and of themselves. In Oklahoma, as in many other jurisdictions, “road rage” itself may not be a specific criminal offense. Instead, road rage refers to aggressive or violent behavior exhibited by drivers on the road. We all understand road rage and have probably been on both sides of the rage. It’s not uncommon for a person to be in traffic on a stressful day when someone cuts someone else off. In the wrong circumstances, this kind of thing can explode and end in a violent altercation. While specific criminal charges related to road rage incidents can vary, common charges that may apply include assault, reckless driving, and even more serious offenses if the situation escalates to violence.
- Assault:
- If a road rage incident involves threatening or attempting to cause physical harm to another person, it could result in assault charges. Assault charges can range from misdemeanor to felony, depending on the severity of the conduct and the harm caused. Although a simple assault is a misdemeanor subject to 30 days in jail and a fine. Road rage crimes crimes in Oklahoma can get out of control quicker than most other assault charges. With the emotion involved in road rage the case can quickly evolve to felony aggravated assault.
- Reckless Driving:
- Road rage crimes often involve aggressive and dangerous driving behavior. Reckless driving charges may be applicable if a driver operates a vehicle in willful or wanton disregard for the safety of others. In Oklahoma, a driver charged with reckless driving is subject to a drivers license suspension.
- Criminal Mischief:
- If a road rage incident includes intentional damage to another person’s property, such as a vehicle, it could lead to criminal mischief charges. Criminal mischief crimes always include restitution to the victim. The restitution will be for damage to property and is part of any potential plea deal.
- Deadly Weapon Enhancement:
- If a driver uses a weapon during a road rage incident, it could result in enhanced charges. For example, if a weapon is brandished or used in a way that could cause serious bodily harm, it may lead to more severe penalties.
- Aggravated Assault or Battery:
- In cases where road rage escalates to a more serious physical altercation, charges of aggravated assault or battery may be applicable. These charges typically involve causing significant harm or using a deadly weapon.
The specific penalties for these offenses can vary based on factors such as the severity of the conduct, whether there are prior convictions, and the presence of aggravating factors. Penalties may include fines, probation, license suspension, and incarceration.
Defense To Road Rage Charges
Defenses to road rage crimes in Oklahoma depend on the circumstances of your case. Because most cases like this are charged as assault and battery crimes, those are the type defenses most common in a road rage case. Some defense to this kind of crime are as follow:
- Self-Defense:
- You may have a valid defense if you can demonstrate that you used force to protect yourself or another person from imminent harm. The key is that the force used must be reasonable and proportionate to the perceived threat.
- Defense of Others:
- Similar to self-defense, you may argue that you used force to protect another person from harm. Again, the use of force must be reasonable in relation to the threat perceived.
- Defense of Property:
- In some cases, individuals may use force to defend their property. However, the use of force must be reasonable and proportional to the threat posed to the property.
- Lack of Intent: This is a difficult defense. In this defense we are arguing to the state that you never intended road rage crime. Therefore, intent is a major element of any crime, and without it that prosecutor has little chance of winning.
- Mistaken Identity:
- If there is evidence that you were not the person who committed the alleged assault or battery, mistaken identity can be a valid defense. Its impotent to remember that witnesses are not always right in what they think they saw. Criminal defense is full of cases where the eyewitness testimony was faulty. In a road rage crime in Oklahoma witnesses may not have been close enough to make an accurate identification or they simply dont show up to court and testify because they dont want the hassle.
- Alibi:
- If you have evidence that you were in a different location at the time of the alleged offense. This called alibi evidence, it can serve as a defense against the charges. Further, remember your alibi witness will have to show up to court to testify. Otherwise his statements are out of court statements and not allowed in court.
- Defense of Property Rights:
- If the alleged assault or battery was committed in defense of your property rights, you may present a defense based on protecting your legal interests.
- Assault and battery charges often require intent or recklessness. If you can demonstrate that the alleged actions were accidental or lacked the necessary intent, it may serve as a defense.
Criminal Lawyers You Can Count On
It’s important to note that law enforcement and prosecutors take road rage incidents seriously. This is due to the potential for harm and danger on the road. If you find yourself involved in a road rage situation, it is crucial to remain calm, avoid escalating the conflict, and avoid making incriminating statements to the Police. The defense attorneys at Tulsa Criminal Lawyers Law Firm represent clients throughout the State. Our attorneys dont simply stand by and let the prosecutor have their way with you. They fight until every bit of evidence that supports your case is out forward. For a Free consultation with a criminal defense attorney from our firm call today at 918.416.0358 or follow this link to ask a legal question.