All murders are homicides, but not every homicide constitutes a murder Oklahoma charge.
If you or a loved one has been charged with second-degree murder in Wagoner, here is what you need to know.
What is Murder Oklahoma?
In Oklahoma, a homicide is deemed murder in the second degree when the killing is done by an act that is imminently dangerous to another person and when the killer shows a “depraved mind.” Both of these elements are necessary for a murder Oklahoma charge. Okla. Stat. tit. 21 § 701.8
In addition, in order for the homicide to be deemed murder in the second degree as opposed to murder in the first degree, the killing must have been without premeditation.
A homicide may also be deemed second-degree murder if it occurs during the commission of another felony. Murder, whether in the first or the second degree, is punished harshly in Wagoner.
What is Imminent Danger?
Imminent danger involves an immediate threat of harm or death. This is a broad legal description and its finding will depend in large part upon the nature of the circumstances at hand.
Driving a car is not imminently dangerous, but driving a car while severely intoxicated could be construed as posing a threat of immediate harm.
An unloaded gun may not be imminently dangerous, but pointing a loaded weapon at a person would most certainly be construed as posing a risk of imminent danger.
Depraved Mind: A Broad Legal Standard
A depraved state of mind is also an element of second-degree murder. When used in the context of a murder Oklahoma charge, it refers to a state of mind that is devoid of regard for human dignity and human life.
When we risk human life recklessly and with indifference, that could be sufficient to meet this element of second-degree murder.
Thus, even if you had no intent to commit a murder, if the actions taken were reckless and indifferent to human life, you could be convicted of second-degree murder in Wagoner if the other elements of the crime were met.
Absence of Premeditation
Second-degree murder requires that the death occurred without intent to murder or “malice aforethought.” Okla. Stat. tit. 21 § 701.7
Any showing of either can move the charge from second-degree to first-degree murder, a much more serious charge.
Penalty
The prison sentence for second-degree murder in Oklahoma is from 10 years to life. Okla. Stat. tit. 21 § 701.9
In addition, murder is one of the crimes enumerated in the 85% Rule in Oklahoma. Under this rule, if sentenced, you must serve at least 85% of your sentence. Okla. Stat. tit. 21 § 13
Thus, if you are convicted of second-degree murder in Oklahoma, you must serve at least 8.5 years of a 10-year sentence.
Initial Strategy Session: Wagoner Criminal Defense Attorney
If you are facing a murder Oklahoma charge, talk to an experienced Wagoner criminal defense attorney as soon as possible. Do not wait and do not speak to the police. Remember that everything that you say to them can and will be used against you.
For a low-cost consultation, call Wirth Law Office – Wagoner at 918-485-0335.
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