First Degree Murder Defined
Oklahoma categorizes many crimes, including murder, by degree. A conviction of a crime in the first degree is always more serious than a conviction of the same crime in the second degree. First degree murder is the most serious murder charge that may be brought against a person in Oklahoma.
A person commits first degree murder when that person unlawfully takes the life of another with “malice aforethought. ” Okla. Stat. tit. 21 § 701.7. Malice aforethought is an intent that must be proven by the prosecution. It implies deliberation or planning in the killing. The intent is to kill a specific person. And this intent is usually proven by external facts and circumstances such as conduct, demeanor, a defendant’s words, or even from the killing itself. Okla. Stat. tit. 21 § 701.7
First degree murder may also be charged if a person is killed during the commission of a felony. It is important to note that this can be charged regardless of malice. This is known as felony murder. Okla. Stat. tit. 21 § 701.1
First Degree Elements
The prosecution must prove every element of a crime to get a conviction. The elements of first degree murder are:
- unlawfully
- taking the life
- of another
- with malice “aforethought.
Four elements must be proven. There is another situation in which a prosecutor can seek a conviction for first degree murder. It is called the felony murder rule.
Felony Murder Rule
When the death of another occurs during the commission of any of the following crimes, even if there is no malice aforethought, the result is a first-degree murder charge:
- the murder or attempted murder of another person;
- the discharge of a firearm or other deadly weapon into a building or with intent to kill;
- as a result of rape;
- robbery with a dangerous weapon;
- kidnapping;
- escape from lawful custody by a law enforcement official;
- eluding an officer;
- first degree arson;
- unlawfully distributing, manufacturing, or
- trafficking in illegal controlled substances. Okla. Stat. tit. 21 § 701.7. OUJI-CR 4-64
In this situation, the prosecution does not have to prove malice aforethought. The intent pertains to the other crime being committed rather than to the death. The death may even be accidental.
Other Circumstances That Lead to a First Degree Charge
A first degree murder charge can result upon:
- a child dying as a result of being willfully tortured or as a result of other unreasonable force;
- a death that occurs as a result of malice aforethought in the unlawful manufacturing, distribution, or dispensing of controlled dangerous substances; or
- the intentional death of a law enforcement officer or correctional employee in the performance of his or her duties. Okla. Stat. tit. 21 § 701.7.
Penalty For First Degree Murder
Murder in the first degree is a capital offense in Oklahoma, punishable by death or life in prison without parole. It is also subject to the 85% Rule which states that an inmate must serve at least 85% of their sentence before becoming eligible for parole. Okla. Stat. tit. 21 § 701.9.
Defenses to First Degree Murder May Be Available to You
If you are facing a charge of first degree murder in Oklahoma, you should discuss all the circumstances with your attorney as soon as possible to determine what defenses may be available to you. There are a number of defenses that may be available to you and you should discuss defenses in detail with your attorney. Defenses are complicated. Two of the more common defenses are self-defense and justifiable homicide. In both, facts are important. There are limitations to both defenses, however, both defenses are grounded in a reasonable belief that the action was necessary to protect themselves or another or to prevent the commission of a forcible felony. Okla. Stat. tit. 21 § 733 and 731
Make sure to consult with an experienced Tulsa criminal defense lawyer as soon as possible. Never speak to the police without an attorney present.
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.