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An Oklahoma City murder defense attorney provides legal defense for individuals facing charges of first degree or second degree murder in the State of Oklahoma. Murder is defined as the unlawful killing of one person by another with malice aforethought, either expressed or implied. Oklahoma law defines two types of murder charges including murder in the first degree and murder in the second degree. The type of charges brought against a defendant are determined by the defendant's intent and the circumstances surrounding the act. A murder defense lawyer utilizes specific legal strategies according to the charges against the defendant, the circumstances of the case, and the evidence presented by the prosecution.
Murder defense attorneys have a comprehensive understanding of Oklahoma criminal law, forensic evidence, and Oklahoma criminal court procedures. Individuals facing murder charges in the state of Oklahoma should contact an experienced criminal defense attorney to ensure their rights are protected.
Defense strategies for murder charges in the state of Oklahoma include questioning whether or not law enforcement charged the correct person, challenging the existence of malice aforethought or premeditation, and demonstrating that the crime occurred in the heat of passion. An Oklahoma criminal defense attorney uses these and other tactics to ensure a fair trial and best possible outcome for their client.
SODDI, an acronym for "some other dude did it", is one defense strategy for murder in the first degree. This murder defense strategy attempts to show that law enforcement has accused the wrong person of the crime. SODDI can be argued via mistaken identity in the case of an eyewitness. This strategy can also be utilized through the skilled understanding and utilization of scientific studies surrounding the intricacies of DNA evidence, if the prosecution is using DNA evidence in an attempt to tie the defendant to the crime.
Challenging malice aforethought is a defense to first degree murder. In Oklahoma, a prosecutor must prove the defendant unlawfully caused the death of another human with “malice aforethought.” Malice aforethought must exist prior to, and at the time, of the killing. This strategy attacks the elements the prosecution must prove beyond a reasonable doubt. An experienced criminal attorney will focus on the element of malice aforethought, defined as “a deliberate intention to take away the life of a human being," and show that there was no deliberate intent (such as the conduct being accidental or not intended to cause death).
Both murder in the first and second degrees can be alleged as a result of “felony murder,” wherein another individual died as a result of, or during the commission of, a felony. In that case, a defense attorney would first attack the fact that his client was not in the commission of any felony, and if that is not tenable, that the underlying elements of the specific felony alleged cannot be proven beyond a reasonable doubt.
Another defense to both first- and second-degree murder is to show that it was actually manslaughter due to the killing occurring while the defendant was in the heat of passion due to experiencing fear, anger, terror, rage, or resentment and that their was adequate provocation to create those emotions, along with a causal connection between the provocation and the emotional response.
Murder is categorized as first degree murder and second degree murder according to Oklahoma law. First degree murder involves malice aforethought and premeditation. Second degree murder does not involve malice aforethought, but involves a reckless disregard for human life.
The list below contains the circumstances under which someone can be charged with murder in the first degree in the state of Oklahoma.
When a person who is convicted at trial or pleads guilty or no contest to murder in the first degree, that person will become a convicted felon. Punishment can result in the death penalty if the case is certified as a capital offense due to specific aggravating factors listed under the law. In all other instances, punishment for first degree murder is either imprisonment for life without the possibility of parole or incarceration for life with the possibility of parole.
Even though a person who is convicted of or pleads guilty or nolo contendere to murder in the first degree shall not be entitled to or afforded the benefit of deferment of the sentence, there is still the possibility that a portion of the life sentence could be suspended. In that event, the convict would only have to serve a part of the life sentence before being released on probation. Hiring a skilled attorney to fight such charges is essential to ensuring fair sentencing.
Second degree murder means the act of one person killing another person was not committed with premeditation or “malice aforethought”. Situations that commonly lead to second degree charges are those in which someone does not plan or set out to intentionally kill another human.
The situations listed below are examples of second degree murder.
A person who is convicted of, or pleads guilty or nolo contendere to, murder in the second degree will be found guilty of a felony and face felony consequences. Anyone convicted will also face punishment by imprisonment for not less than ten (10) years nor more than life. Again a qualified lawyer can help ensure you receive a fair sentence.
Another nuance to Oklahoma’s laws occurs when someone is charged with felony murder. This is a first degree charge, regardless of malice or intent, when the death of another human being occurs during, or as a result of, specific criminal activity such as:
To further confuse the issue, any person involved in the specific criminal activity can be charged with first degree murder even if they are not the one that “pulled the trigger” or otherwise directly caused the death, so long as the death occurred as a result of one of the crimes listed above.
Felony murder carries the same penalty as a first degree charge.
The difference between murder and manslaughter is the presence of malice aforethought (premeditation) and the specific circumstances surrounding the act. Murder charges require the deliberate intention to unlawfully kill another person, either with premeditation (first degree murder), or with a reckless disregard for human life (second degree murder). Manslaughter, on the other hand involves one person killing another without malice aforethought, such as in the heat of passion, or through reckless behavior.
Murder is the intentional and premeditated act of one person taking the life of another. Homicide is a broad term that refers to any act of one person causing the death of another person. Homicides are categorized as lawful and unlawful (criminal homicide). Lawful homicide includes justifiable or excusable acts, such as taking someone's life in self-defense. Unlawful homicide includes criminal acts such as murder or manslaughter that demonstrate criminal intent or negligence.
