Maiming in Oklahoma – Law & Punishment – Criminal Defense Attorney

Maiming Defined

maiming criminal defense attorney oklahomaMaiming in Oklahoma is defined as the:

  1. infliction;
  2. upon another;
  3. of a physical injury that disables, disfigures, or seriously diminishes physical vigor;
  4. performed with the intent to cause any injury.

Mental injuries, even if incapacitating, are not sufficient to support a conviction for maiming. The injury doesn’t have to be permanent. An injury from which the person has recovered prior to trial is not sufficient to sustain a conviction. There needs to be some degree of permanency. The cases also refer to the injuries as permanent injuries.  The injury doesn’t have to be one that’s beyond healing by medical techniques.

The person injured must be disabled, disfigured, or have physical vigor seriously diminished. A disabling injury encompasses an injury to the members or organs of the person. A disfiguring injury is an observable injury to the appearance of the person.

The defendant must deliberately injure another, but the defendant need not intend specifically to maim, nor specifically to cause the particular injury that occurs. Thus, a defendant would be guilty of maiming if he or she strikes another with the intention of blackening another’s eye, and unintentionally knocks the other’s eye out of the socket. If the eye had been simply blackened, the defendant would have committed a battery. Since the eye is destroyed, however, the defendant has committed the crime of maiming. Maiming is, therefore, under Oklahoma law, a battery aggravated due to the seriousness of the injury inflicted.

Premeditated design can be formed instantly before the defendant inflicts the injury. A premeditated design to injure is synonymous with an intent to cause any injury. The manner or means of inflicting the injury doesn’t need to be pleaded or proved by the State.

Punishment

This crime is a felony. The maximum punishment in the Department of Corrections is life. The maximum fine is $1,000. This is considered a violent crime in Oklahoma.

Self-Maiming

Self-maiming in Oklahoma is defined as the:

  1. infliction;
  2. upon oneself;
  3. of a disabling physical injury;
  4. with the intended purpose of avoiding any existing or anticipated legal duty.

This crime is a felony. The maximum punishment in the Department of Corrections is life. The maximum fine is $1,000.

Female Genital Mutilation

Female genital mutilation is illegal in Oklahoma. It’s a crime to knowingly circumcise, excise, or infibulate, in whole or in part, the labia majora, labia minora, or clitoris of another.

This crime is a felony. The range of punishment in the Department of Corrections is 3 years to life. The maximum fine is $20,000. Consent to the procedure by a minor on whom it is performed or by the parent or parents of the minor isn’t a defense to this crime.

Exceptions

A surgical procedure isn’t a crime if the procedure:

  1. Is necessary as a recognized treatment for a known disease or for purposes of cosmetic surgery to repair a defect or injury for the person on whom it is performed and is performed by:
    1. a licensed physician, or
    2. a physician in training under the supervision of a licensed physician; or
  2. Is necessary in the assistance of childbirth or for medical purposes connected with that labor or birth and is performed by:
      1. a licensed physician,
      2. a physician in training under the supervision of a licensed physician, or
      3. a certified nurse-midwife.

Any physician, physician in training, certified nurse-midwife, or any other medical professional who performs or participates in a female genital mutilation procedure will, in addition to the criminal penalties have their professional license or certification permanently revoked.

Sources: 21 O.S. §§ 751, 752, 754, 755, 756, 757, 758, 759, & 760

Current as of April 9, 2020. Laws are subject to change at any time. See the linked statutes above for the most current law.

Charged with maiming in Oklahoma? Call Oklahoma criminal defense lawyer Frank Urbanic in OKC for a free case consultation.

Don’t panic! Call Urbanic.® 405-633-3420