Second degree murder in Oklahoma City is a serious crime. It is defined as homicide.
Other Types of Homicide in Oklahoma
Homicide can also be called murder or manslaughter. In Oklahoma, there are two types of murder.
An intentional killing is treated as first-degree murder if there was malice aforethought. To prove malice aforethought, a prosecutor must prove the defendant planned and executed a murder. What the preceding means is that if police find that the killing was premeditated, you will be charged with first degree murder.
What is Second Degree Murder?
Second degree murder is when a homicide occurs because of the recklessness of the perpetrator. This is the case when death happens during the commission of another crime or from a depraved mind. The defendant acts in gross disregard of the lives of others, even though there is no malice aforethought. Okla. Stat. tit. 21 § 701.8
Second degree murder in Oklahoma has two characteristics.
1. Imminent danger.
The defendant engages in conduct that poses an imminent, extreme danger to another person or others and that an otherwise reasonable person would avoid.
For instance, driving into a crowd could result in death or grave injury of one or more people. The behavior is imminently dangerous. Thus, a reasonable person would not engage in it.
A defendant who engages in this kind of action does not do it to hurt others. However, they disregard the threat it poses to others.
2. There is no premeditation.
To be charged with second degree murder, the defendant must not have any intention to kill.
Burden of Proof
A prosecutor must prove all the following elements beyond any doubt to obtain a conviction of second degree murder.
- That the death of a person was
- caused by conduct which was imminently dangerous to others;
- conduct that the defendant engaged in;
- conduct that shows evidence of a depraved mind acting in gross disregard of the safety of others; and
- the purpose of the behavior was not to take the life of anyone.
OUJI-CR 4-91
Also, second degree murder in Oklahoma can be committed during the commission of another felony, excluding when the felon is attempting to kill another and the following:
- Discharging a crossbar or firearm with the malicious intent to kill.
- Deliberate discharge of a deadly weapon such as a firearm into a building or other dwelling.
- Forcible rape.
- Violent robbery with a dangerous weapon.
- Kidnapping.
- Escaping from lawful custody.
- First degree burglary.
- Trafficking in unlawful drugs.
- Eluding an officer.
- First degree arson.
- Unlawful dispensing or distribution of controlled dangerous substances or synthetic controlled substances.
- When manufacturing or attempting to manufacture a controlled dangerous substance.
Okla. Stat. tit. 21 §§ 701.7 and 701.8
In any of the just-mentioned circumstances, any resulting death will be tried as first-degree murder.
Defenses Against Second Degree Murder in Oklahoma
Facts are crucial to any second degree murder case. A solid defense is best created by an experienced criminal defense lawyer. An Oklahoma City criminal defense attorney will look at facts and understand what happened from your perspective. Get the help of an experienced attorney to have a chance against the Oklahoma City prosecutors.
A defendant can possibly use self-defense and innocence as a defense. If the defendant killed in self-defense, the death can be considered justifiable. However, anger and voluntary intoxication are never considered a defense in any homicide. Okla. Stat. tit. 21 § 704
Penalties for Second Degree Murder in Oklahoma
Okla. Stat. tit. 21 § 701.9 outlines the penalties for a second degree murder conviction.
You could spend anywhere from 10 years life in prison. Also, this penalty is subject to the 85% rule. Under the 85% rule, you must serve at least 85% of your sentence before you become eligible for parole.
Initial Consultation: Oklahoma City Criminal Defense Attorney
We make it easy for you to get answers to your most pressing questions. There is no cost and no obligation for an initial consultation with our Oklahoma City criminal defense attorney. Call today for answers to your questions.
Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience. He has the wit and tenacity to match the skill of the Oklahoma City prosecutors.
For a initial consultation, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW) today.