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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. 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.
A murder defense attorney performs a variety of services for their clients including assessing the details of the case, conducting an independent investigation, client counseling, developing a defense strategy, negotiating a potential plea bargain, and representing their client in a trial.
Below are the services a murder defense attorney provides for their client.
Criminal defense lawyers deal with cases involving first degree murder and second degree murder. Murder defense lawyers have specific expertise in Oklahoma criminal court procedures, analyzing forensic evidence, and a thorough understanding of Oklahoma criminal law, enabling them to provide effective legal representation to individuals charged with first or second degree murder. Hiring an experienced Oklahoma City criminal defense attorney is important to ensuring the best possible outcome in a case involving murder charges.
A defense attorney utilizes a number of strategies to fight murder charges in the state of Oklahoma including 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.
The criminal statutes of Oklahoma categorize murder as first degree murder and second degree murder. Oklahoma's murder laws define first degree murder involves malice aforethought and premeditation. Second degree murder does not involve malice aforethought, but involves a reckless disregard for human life.
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.
