Key Elements of a First-Degree Murder Charge
First-Degree Murder Charges
This is Oklahoma lawyer Stuart Ericson. Today we’re just gonna talk the basics about a first-degree murder charge. As with every crime in the state of Oklahoma, there are certain elements that the state of Oklahoma must prove in order to get a conviction for that.
So, in first-degree murder, the elements are, first, the death of a human, second, the death was unlawful, third, the death was caused by the defendant, and fourth, the death was caused with malice of forethought.
Elements of a First-Degree Murder Charge
So, obviously, there has to be a death. It can’t be a missing person unless there’s some sort of presumed death. There can’t be an injury, it has to be a death of a human being.
The death was unlawful. That means, I mean, some deaths are lawful. If you are exercising self-defense and you kill somebody and it is self-defense, then that is lawful. That is a lawful killing. So, for it to be a murder conviction, obviously the death has to be unlawful.
The death was caused by the defendant. Obviously, you’re the one that has to cause it to be charged, so that’s pretty self-explanatory.
And fourth, the death was caused with malice of forethought. So, the A in front of forethought means before. So, it just basically means there has to be some thought. Now, ahead of time. So, there doesn’t need to be a big plan written out on a piece of paper, or a plot, or a conspiracy. There just has to be some thought of, I am going to kill this person, and then you do it. Jury instructions even say it can be a matter of seconds. You can decide to kill somebody in a matter of seconds and go through with it and kill somebody. And that is the last element of first-degree murder.
Consultation and Further Questions
So, kind of simple on its face. Obviously, there are a whole lot of issues when it comes to murder as far as evidence, as far as proof, as far as potential defenses, and what all these definitions mean. But bare bones, that’s what first-degree murder is. If you have any questions about that, reach out to me, Wagoner criminal defense attorney Stuart Ericson, at WagonerLawyer.com.
