Understanding Second Degree Murder in Tulsa
Homicide is the taking of a life. A homicide can rise to the level of second degree murder in Tulsa, Oklahoma. All murders are homicides but not all homicides are murders. This is what you need to know about second degree murder in Tulsa.
There are two primary factors which can cause a homicide to rise to the level of second degree murder in Oklahoma:
- The act must be imminently dangerous to another person and evidence of a “depraved mind,” without regard for human life – but without any premeditated intent to cause the death of any particular person
or
- if the homicide occurred during the commission of some other felony
A “depraved mind” is defined as conduct that evinces a reckless disregard for, and total indifference to, the life and safety of another person. This can include some horrific acts, but it does not include the premeditation that is required for a first degree murder conviction. Okla. Stat. tit. 21 § 701.8
First degree murder requires an intent to murder, also known as “malice aforethought.” This is premeditation. Okla. Stat. tit. 21 § 701.7.
Second degree murder can also be charged when the killing occurs during the commission of a felony.
Elements of Second Degree Murder
The elements for murder in the second degree are:
- the death of a person;
- caused by imminently dangerous conduct;
- of the defendant;
- the conduct evinced a depraved mind in extreme disregard of human life; and
- the conduct is not done with the intention of taking the life of any particular individual. OUJI-CR 4-91.
Second degree murder can also be charged if the homicide occurs during the commission of a felony. Okla. Stat. tit. 21 § 701.8
Because the prosecution must prove every element of a crime, facts that disprove any required element constitute a defense.
Imminently Dangerous Conduct
This requirement pertains to the level and immediacy of the danger involved. While shooting a gun into a crowd is imminently dangerous—someone will likely be hurt or killed in the next few seconds, waving a bat at a crowd 100 feet away may not be.
Second Degree Murder Penalty
Murder in the second degree in Oklahoma is punishable by up to 10 years to life in prison. Okla. Stat. tit. 21 § 701.9. Judges have a fair amount of discretion in sentencing. The crime is subject to Oklahoma’s 85% Rule. Okla. Stat. tit. 21 § 13.1. If convicted, a defendant must serve at least 85% of their sentence before becoming eligible for parole.
Defenses To Second Degree Murder
Defenses are critical to any murder charge. Each case is different and so you should discuss the facts of your case with an experienced criminal defense attorney as soon as possible. Defenses tend to be fact-bound, meaning that the facts of your particular case will be important in determining whether a particular defense will apply. Make sure to consult with an experienced Tulsa criminal defense lawyer as soon as possible.
Initial Strategy Session with a Tulsa Criminal Defense Attorney
These charges can be frightening to face alone. Contact the Tulsa criminal defense attorney at Seventh Street Tulsa Law Firm for a initial, confidential consultation. Call today at (918) 932-2777. We’ve also provided a form on the right side of this page where you may send your question or inquiry and receive an e-mail reply.