Murder is the most serious and violent crime you can be charged with in Oklahoma. If you have been charged with murder, you will face serious, life changing penalties and social consequences. What follows is a brief discussion of how a murder charge is defended in Tulsa.
Homicide in Tulsa
In Oklahoma, you can be charged with the crime of homicide if you caused the death of another individual, either intentionally or unintentionally. Homicide is broken down into two categories:
- Murder.
- Manslaughter.
You are guilty of murder if you intentionally cause the death of another, whether it was premeditated or not.
Manslaughter, on the other hand, occurs when you cause the death of another by accident.
Murder in Tulsa
Murder is separated into two further categories:
- First degree murder.
- Second degree murder.
Murder in the first degree pertains to murders which are intentional and with “malice aforethought.” Meanwhile, murder in the second degree pertains to murders which are lacking the element of “malice aforethought,” or that happen in the heat of the moment, such as that which may result from a heated and unexpected quarrel with a total stranger.
The Punishment for a Murder Charge in Tulsa
Murder in the first degree is a capital offense, and it is punishable by life imprisonment and even the death penalty.
Murder in the second degree may be punishable by a minimum of ten years in prison, and as much as a lifetime behind bars.
Manslaughter is punishable by up to 4 years in prison and a $1000 fine, for the most serious offenses.
How a Murder Charge is Defended in Tulsa
Murder is the most serious and psychological of all crimes; and, because of the severity of the punishment a defendant will receive if convicted of murder, it is arguably the most difficult for the prosecution to prove.
Because of this, your defense attorney has at his disposal a variety of strategies to employ in defense of a murder charge. These strategies can generally be broken down into two categories:
- That the wrong person is on trial.
- That the killing was justified.
The most common strategies in defense of a murder charge are :
- Mistaken Identity.
- An airtight alibi.
- Self defense.
- The defense of others.
Justifiable Homicide in Tulsa
In Oklahoma, homicide may be determined to be justified if it occurs:
- When resisting any attempt to murder a person, or to commit any felony upon him, or upon or in any dwelling house in which such person is; or,
- When committed in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant, when there is a reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and imminent danger of such design being accomplished; or,
- When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace.
Excusable Homicide in Tulsa
A homicide may be determined to be excusable if it occurs:
- When committed by accident and misfortune, in lawfully correcting a child or servant, or in doing any other lawful act, by lawful means, with usual and ordinary caution, and without any unlawful intent.
- When committed by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat provided that no undue advantage is taken, nor any dangerous weapon used, and that the killing is not done in a cruel or unusual manner.
Confidential Consultation: Felony Defense Lawyer
Because of the seriousness of a murder charge, it is extremely important to contact an experienced criminal defense attorney for a more in-depth explanation of the available defenses to a murder charge in Tulsa. If you are facing a murder charge in Tulsa, contact a Tulsa criminal defense attorney immediately.
Simply call our team at the Tulsa Criminal Defense Law Firm at (918) 256-3400 for a free, no-hassle and confidential consultation. If you prefer a felony defense attorney on our team to call you or reach you by email, click here to ask your questions via the easy to fill-out online consultation request form.