Being accused of causing another person’s death is one of the most serious situations someone can face in the criminal justice system.
When your life and freedom is on the line, you need to hire a legal team that has both the expertise and hands-on trial experience to handle the toughest cases. We’ve built our team around exactly that principal. We have decades of experience and have handled dozens of homicide cases, including some of the highest profile first-degree murders in the State.
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Homicide generally refers to the killing of one human by another. However, not every homicide is murder, and not every homicide results in criminal charges.
Oklahoma law recognizes several different homicide offenses based on circumstances such as intent, what caused the death, and whether another crime was being committed at the time. These can include first-degree murder, felony murder, second-degree murder, first- and second-degree manslaughter, and negligent homicide.
Oklahoma law also recognizes certain circumstances where a homicide may be justifiable. Because distinctions between homicide offenses can significantly affect the charge and potential punishment, the specific facts of the case matter.
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According to Oklahoma Statutes 21 O.S. § 701.7, first-degree murder occurs when a person unlawfully causes another person’s death with malice aforethought. Malice is defined as a deliberate intention to unlawfully take another human life that can be demonstrated through external circumstances.
First-degree murder can also apply in some other circumstances, including certain deaths involving underlying felonies.
A first-degree murder is classified as a Class Y felony, meaning a conviction can result in life imprisonment, life without parole, or in certain cases, the death penalty.
A person does not necessarily have to intend to kill someone to face first-degree murder charges.
Oklahoma’s first-degree murder statute applies when a death occurs during or results from the commission or attempted commission of certain crimes. These include offenses like rape, robbery with a dangerous weapon, kidnapping, eluding an officer, first-degree burglary, first-degree arson, trafficking illegal drugs, and certain other offenses. This is referred to as felony murder, in which the underlying felony and the connection between that offense and the death become important issues.
Second-degree murder can apply when a death is caused by an act that is imminently dangerous to another person and demonstrates a depraved mind and disregard for human life, even without premeditated design to cause the death. Under Oklahoma law, second-degree murder is classified as a Class A1 felony.
Second-degree murder can also apply when a death is caused by someone engaged in the commission of a felony other than those outlined for first-degree felony murder.
Oklahoma also has first- and second-degree manslaughter. Under 21 O.S. § 711, first-degree manslaughter is classified as an A2 felony, and can include killing committed without intent to cause death while committing a misdemeanor. It can also include certain killings committed in the heat of passion or other qualifying circumstances.
Second-degree manslaughter is classified as a B5 felony, and applies more broadly to killing caused by another person’s act, procurement, or culpable negligence that do not qualify as murder, first-degree manslaughter, or excusable or justifiable homicide.
A motor vehicle accident resulting in a death may result in a homicide charge, depending on how the accident occurred.
Oklahoma’s negligent homicide statute 47 O.S. § 11-903 addresses deaths resulting from the operation of a vehicle in reckless disregard for the safety of others. Depending on the conduct involved, more serious homicide charges may apply in vehicle-related deaths.
Not every fatal accident results in the same charge. The circumstances surrounding the driving, alleged traffic or criminal violations, impairment, and evidence related to the driver’s conduct and the death can all matter.
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The potential consequences of a homicide conviction depend heavily on the specific charge, the circumstances of the offense, and the defendant’s criminal history.
Depending on the case, consequences may include:
First-degree murder carries Oklahoma’s most severe criminal punishments. Homicide offenses are classified separately, making it important to evaluate the exact charge.
Homicide investigations can involve physical, forensic, digital, and testimonial evidence. Depending on the allegations, evidence may include:
Evidence surrounding intent can be important in distinguishing between homicide charges. Prosecutors may rely on several pieces of evidence, such as statements, communications, conduct before and after the death, and other surrounding circumstances.
Contact us today to speak with an experienced criminal defense attorney about your case.