A homicide is the killing of one person by another. It may surprise some people, but not all homicides in Okmulgee, Oklahoma are murder.
An Okmulgee murder is a crime with specific requirements. Each element must be met in order for the prosecution to secure a murder conviction. Murder is one of the most severely punished crimes in Oklahoma.
Degrees of Okmulgee Murder Charges
Oklahoma classifies homicides differently in different circumstances. Murder in the second degree is one such classification. Other classifications of homicide include murder in the first degree and manslaughter.
Murder in the second degree is the killing of another by an act that is imminently dangerous to another person. It requires that the killer shows what is termed a “depraved mind.” It also requires that the killing occur absent planning or premeditation. Okla. Stat. tit. 21 § 701.8
Murder of the first degree requires a showing of an intent to murder or “malice aforethought,” which necessitates some planning or premeditation. If planning or premeditation is present, the crime will probably be charged as first-degree murder, a much more serious crime. Okla. Stat. tit. 21 § 701.7
A killing may be also charged as second-degree murder when it occurs during the commission of a felony other than those enumerated under the statute.
The Elements of Imminent Danger and Depraved Mind
Just like not all homicides are murder, not all acts that end in death are imminently dangerous. The danger posed by the act must be great and it must be immediate. Threatening someone with a loaded gun, swinging a baseball bat or tire iron at a person, or waving a knife at a person would constitute imminent danger.
The term “depraved state of mind” is synonymous with a reckless disregard for the value of human life. To some extent, the state of mind can be extrapolated from the level of dangerousness of the act. A person waving an unloaded gun may be shown to have more regard for the sanctity of human life than does a person waving a loaded gun.
Penalties for Okmulgee Murder Charges
If convicted of second-degree murder in Oklahoma, you will serve from 10 years to life in prison. Okla. Stat. tit. 21 § 701.9
In addition, Okmulgee murder is one of the crimes enumerated in the 85% Rule in Oklahoma. If convicted, you must serve at least 85% of the time to which you are sentenced. Okla. Stat. tit. 21 § 13.1
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or a loved one needs to speak with an Okmulgee criminal defense attorney, call 918-756-9600 now for a low-cost consultation.
Or, enter your legal question or concern in the form at the top right of this page, and one of our attorneys will promptly return your message.
