Murder: The word alone may remind you of late-night thrillers or true-crime documentaries. But what if being charged with murder isn’t just something you’ve seen on TV – what if it’s happening to you or someone you know? In Oklahoma, murder charges are just the beginning of a complex legal process, and you’ll want to gather all the information you can to help the case.
Types of Murder in Oklahoma
In Oklahoma, murder is an intentional act that kills another human being. An unintentional death that results while you’re committing a felony can also be charged as murder. Murder falls under the umbrella of “homicide,” which also includes manslaughter. Let’s go over the main definitions and differences.
First-Degree Murder
According to Oklahoma Statutes Chapter 21 Section 701.7, Section 701.7, “A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is a deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.”
Put simply, the state will charge you with first-degree murder when they believe that you intended to kill someone, the killing was planned in advance, and they can prove that you had “malice aforethought,” which means you had the deliberate intent to take a human life and that intent existed at the time the homicide was committed. You can also be charged with first-degree murder if you kill someone while you’re committing a felony such as:
- Shooting a firearm into a building
- Trafficking controlled substances
- Eluding or escaping a law enforcement official
- First-degree arson
- Robbery with a dangerous weapon
- Rape
- Kidnapping
First-degree murder in Oklahoma is a capital offense. Depending on the facts of the case, it’s punishable by death, life in prison, or life in prison without the possibility of parole.
Second-Degree Murder
Second-degree murder is defined in Section 701.8 as a homicide that is “perpetrated by an act imminently dangerous to another person … although without any premeditated design”; or that is “perpetrated by a person engaged in the commission of any felony other than the unlawful acts set out” in the description of first-degree murder.
Essentially, if you did something “imminently dangerous,” like shooting a gun in a crowded room, but you acted impulsively rather than planning ahead, that’s second-degree murder. It’s punishable by a minimum of 5 years and up to life in prison.
Murder vs. Manslaughter
In Oklahoma, murder is a different charge than manslaughter. The main difference is intent: In a murder case, the state needs to prove that you intended to either kill someone or cause them serious bodily harm that you knew could result in death. You can also be charged with manslaughter if you accidentally kill someone while committing a misdemeanor, rather than a felony. For example, if you cause an accident that results in death while driving under the influence, and it’s your first DUI, you’ll be charged with manslaughter.
What To Do If You’ve Been Charged With Murder in Oklahoma
Murder is the most serious charge you can face, not only in Oklahoma but in any state. You’ll want to do everything you can to ensure you get the best outcomes during your criminal case.
Hire an Attorney Right Away
The most important thing to do as soon as you’ve been arrested for murder is to hire an experienced criminal defense attorney. Don’t wait until you need to appear at an arraignment or future hearing. In fact, if you know or think you’re being investigated for murder or may be a suspect, it’s smart to hire an attorney even before you’re arrested or charged.
Don’t Say Anything
If you don’t yet have an attorney when you’re being questioned or arrested for murder, this is the most important thing to know: You have the right to refuse to answer questions. As you’ve seen on TV shows where suspects are read their Miranda rights, “Anything you say can and will be held against you in a court of law.” Once you’ve retained an attorney, you should insist that they’re present during questioning – and they will most likely advise you to remain silent.
Consider Your Bail Options
It’s understandable that you’ll want to get out of jail as soon as you can. But there’s another reason it’s a good idea to hire an attorney immediately: They can help get you get the lowest bail amount by:
- Looking over the facts of your case and negotiating with the prosecutor or judge
- Advising you if the charges could be dropped, in which case you’ll be released without paying any bail
- Advising you to pay the posted bail, if they think it could be increased at arraignment
Do What You Can to Help Your Case
Being charged with murder in Oklahoma can seem overwhelming, but there may be more you can do than you’d think. You can help your defense attorney by:
- Staying off social media, even if your accounts are private
- Not talking about your case, even to friends and family
- Writing down what you remember while it’s fresh in your mind
- Building a list of witnesses who can give you an alibi or testify for you
Your attorney will also ask you plenty of questions and make other requests as needed. Always answer their questions honestly and follow their instructions. Rest easy that what you tell your legal team is protected by attorney-client privilege, which is the obligation of a lawyer to preserve the confidences and secrets of their client. Your attorney is the expert, and they’re on your side.
The Bottom Line
Murder in Oklahoma – and anywhere – is a serious accusation, and calls for a serious defense. Remember: Being accused of a crime isn’t the same as being convicted. There is plenty you can do to help your case, starting with hiring an experienced attorney who will build you the best possible defense. Get your free case evaluation from the Khalaf Law Firm today, and we’ll get started.