Defining First-Degree Murder in Okmulgee OK

Murder in Okmulgee OK is a serious crime. Oklahoma is a state that categorizes murder into first and second-degree classifications, with murder in the first degree as the more serious of the two.

What is First-Degree Murder in Okmulgee OK?

Murder in the first degree can take place in any of the following circumstances under Oklahoma law. Okla. Stat. tit. 21 § 701.7

1. A person takes the life of another person, unlawfully and with “malice aforethought.” Malice is a deliberate intention to take away the life of another, manifest by external circumstances capable of proof.

2. The death takes place during or results from the commission of an enumerated felony. This can be as a result of an attempted murder, or the discharge of a firearm or other deadly weapon into a building or with intent to kill. It can also result if a death is caused or results from forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody by law enforcement officials, eluding an officer, first-degree arson, unlawfully distributing, manufacturing, or trafficking in illegal drugs or other controlled dangerous substances.

This is the “felony murder” rule. You could be convicted of first-degree murder in Okmulgee OK even if you did not directly cause the death.

For example, you rob a store with a firearm in hand. You don’t shoot the clerk, but the clerk has a heart attack and dies during the commission of the robbery. You didn’t pull the trigger, but you may still be convicted of first-degree murder under the law as robbery with a dangerous weapon is an “enumerated felony.”

3. The death is that of a child resulting from child abuse committed or enabled by the perpetrator. This includes the willful torture of a child or use of unreasonable force that results in the child’s death.

4. The death is caused by a person, who unlawfully and with malice aforethought, solicits the death to further the unlawful manufacture, distribution, or dispensing of illegal drugs or other controlled dangerous substances.

5. The death is intentional and is that of a law enforcement or correctional officer or employee in the performance of official duties.

Defenses to Murder

There are common defenses to a charge of murder in Okmulgee OK. Chief among them are:

Self-defense or defense of another. You may be entitled to use deadly force in self-defense if you reasonably believe that deadly force is necessary to protect yourself/another from imminent death or great physical harm. This is justifiable homicide and is not a crime if it is provable.
Excusable homicide. The homicide occurs as in the discharge of duty and is necessary. This is often the situation with police officers in the execution of their duties.

Murder charges are sometimes pled down to lesser crimes, depending upon the circumstances.

Penalties

First-degree murder in Oklahoma is a capital offense. The law states that it is punishable by death or life in prison without parole.

Furthermore, since this is a violent crime, it is subject to the 85% Rule. If convicted, you will serve 85% of your sentence. The sentence is not eligible for deferment.

In this last election in 2016, Oklahoma voters approved State Question 776, which constitutionalizes the state legislature’s power to adopt any execution method not prohibited by the U.S. Constitution and prevents Oklahoma’s state courts from declaring the death penalty cruel and unusual punishment.