Elements of a Second-Degree Murder Charge in Oklahoma: A Legal Perspective.
Understanding Second-Degree Murder Charges in Oklahoma
Hi, this is Wagoner lawyer Stuart Ericson. Today we’re talking about some of the murder charges. This time we’ll talk about murder in the second degree. As with every crime, the state of Oklahoma has to prove certain elements in order to convict anybody of second-degree murder.
Those elements are, first, the death of a human. Second, caused by conduct that was imminently dangerous to another person. Third, the conduct was that of the defendant. Fourth, the conduct evinced a depraved mind with extreme disregard for human life. And fifth, the conduct is not done with the intention of taking the life of any particular individual.
Applying the Elements to a Scenario
So this scenario might be one where, you know, there’s a crowd of people, a concert, a protest, who knows, a big group of people, and somebody is going to drive by or approach this event and just randomly shoot into the crowd. And as a result of that shooting into the crowd, one or more people die. So how does that fit into this?
The death of a human, yes. Shooting into the crowd, one or two or more people die. Death of humans. Caused by conduct that was imminently dangerous to another or other people. Yeah, shooting into a crowd of people is imminently dangerous, no question. Third, the conduct was that of the defendant. You have to be the one pulling the trigger. Fourth, the conduct evinced a depraved mind with extreme disregard for human life. Yeah, it’d be pretty depraved to randomly shoot into a crowd. That is an extreme disregard for human life. You’d have to have a depraved state of mind to shoot into a crowd like that. Fifth, the conduct is not done with the intent of taking the life of any particular individual. So this is the situation where, that, oh, I know somebody in the crowd, I’m going to try to kill them. No, you don’t have just anybody, anybody. You’re not even going after one person.
Other Examples and Levels of Second-Degree Murder
I think probably that DUI in Stillwater several years ago at the homecoming where a person just drove through a crowd, would fit second-degree murder. Because again, a death was caused. The conduct was imminently dangerous. Yeah, driving a car onto a sidewalk with people is imminently dangerous. You’re the person that was driving. Depraved mind, extreme disregard. Yeah, to drive a car at high speeds on a sidewalk with people, that is a depraved mind. And the conduct is not done with the intention of taking the life of any particular individual. Yeah, I’ll kill anybody, not just that person. So that fits that conduct.
So that’s murder in the second degree. There are other levels of murder in the second degree too, and first degree as well, such as during the commission of felonies, but we’ll get into those later.
Get in Touch for a Initial Strategy Session
So if you have any questions about first-degree murder or second-degree murder, reach out to me at wagonerlawyer.com. I’m Oklahoma felony defense attorney Stuart Ericson. Contact me for a low-cost consultation.
