Degrees of Murders: What’s the Difference Between 1st, 2nd, and 3rd?

Facing a homicide charge, in any form and in any state, is serious. A murder charge is even more grim, but there is a world of difference between being accused versus convicted. It’s important to learn as much as possible about your charges to understand what you’re facing and how a conviction could impact your life.

Oklahoma law uses degrees to differentiate between types of murder charges, but there is a lot of nuance and complexity involved in each criminal case that goes beyond what the law says. Here, we provide a broad overview of what you need to know.

Why Are There Degrees of Murders?

Classifying murder into different degrees is a way to standardize how the legal system determines the severity and intent of the crime, and then prescribes appropriate penalties. The goal is to make the charges and consequences (if you’re convicted) as objective as possible.

What Is the Difference Between 1st, 2nd, and 3rd Degree Murder?

Below is a breakdown of the different degrees of murder in Oklahoma, but remember that each case is unique—your criminal defense strategies, sentencing, and even post-release conditions will vary based on your specific circumstances and criminal history.

Degrees of Murder: 1st

Definition: First-degree murder is the most serious level of homicide and refers to a killing that was premeditated or planned (legally known as “malice aforethought”). This charge can also apply to killings that occurred during the commission of certain felonies, such as arson, rape, robbery, or kidnapping—or involve special circumstances, such as a child abuse murder. An intent to kill is a key component of first degree murder.

Sentencing: As you would guess, the penalties for first degree murder are the most severe. Convictions can lead to a sentence of life imprisonment with or without the possibility of parole. Also, the death penalty is legal in Oklahoma and may be sought in first-degree murder cases that are deemed especially heinous.

Parole: If convicted to a life sentence with the possibility of parole, typically you are required to serve a significant portion of the life sentence before becoming eligible for consideration (parole is never guaranteed). For those sentenced to life without parole, there is no possibility of release and the sentence will be served in full. In cases where the death penalty is imposed, there is also no parole option.

Degrees of Murder: 2nd

Definition: This category is typically used when the killing wasn't premeditated, but resulted from an act that was done with a blatant disregard for human life. For example, intentionally running over a person with your car is classified as second-degree murder. The charge can also apply to killings that occur during the commission of felonies that are not covered under the first degree murder rule.

Sentencing: Second-degree murder typically results in a sentence ranging from 10 years to life in prison. Unlike first-degree murder, there is no possibility of the death penalty.

Parole: Individuals convicted of second degree murder can be eligible for parole. They must typically serve a specific portion of their sentence, which is often substantial, before they can be considered for parole.

Degrees of Murder: 3rd

Definition: Oklahoma doesn't explicitly categorize any homicides as third degree murder. Instead, the State has categories like manslaughter, which are considered less severe than first and second degree murder. Manslaughter can be voluntary, such as in a heat-of-passion; or involuntary, where the killing results from reckless behavior without the intent to kill.

Sentencing: Voluntary manslaughter penalties can range from 4 years to life in prison. The typical sentence for involuntary manslaughter ranges from 2 to 4 years in prison, though certain circumstances can warrant longer sentences.

Parole: Similar to first and second degree murder convictions, parole eligibility for those convicted of voluntary manslaughter usually comes after a significant portion of the sentence has been served and is influenced by factors like the severity of the crime and the inmate’s conduct in prison. Those convicted of involuntary manslaughter typically face shorter sentences, with earlier parole eligibility compared to more severe forms of homicide.

Multiple Convictions

If an individual is convicted of multiple charges across different degrees of murder, the sentencing will reflect the distinct legal definitions and circumstances of each crime. Sentences might be served concurrently (at the same time) or consecutively (one after another), depending on the court’s ruling and the specifics of the case. These determinations are influenced by the details of the crime, the defendant's criminal history, and the impact on the victims’ families.

Get a Free Case Evaluation

If you or a loved one has been charged with murder, you must get legal counsel as soon as possible to ensure your rights are protected. The attorneys at the Khalaf Law Firm have years of experience handling criminal cases and can help you understand what you’re accused of, whether it’s 1st, 2nd, or 3rd degree murder, or another charge. Contact us today to schedule a free case evaluation and have a confidential conversation with one of our attorneys.