First-degree murder in Tulsa, Oklahoma is a serious crime in which the death penalty may be sought. You are innocent until proven guilty and you are entitled to a jury trial for the charge of murder in the first degree.
There are several potential defenses to murder in the first degree such as: self-defense, defense of one’s family, heat of passion, or accidental death without malice.
In addition, there may be other circumstances where a killing took place, but it may not amount to first-degree murder.
Defining First-Degree Murder in Tulsa
In order to be convicted of first-degree murder in Tulsa, the prosecutor must prove beyond a reasonable doubt that the defendant maliciously, and preplanned, an action that causes the death of another human being (including an unborn child.)
Malice is that deliberate intention unlawfully to take away the life. Okla. Stat. tit. 21 § 2312
A person can also commit the crime of murder in the first degree without malice, when the death takes place during or results from:
- the commission or attempted commission of murder of another person;
- the shooting or discharge of a firearm or crossbow with intent to kill;
- the intentional discharge of a firearm or other deadly weapon into any dwelling or building;
- forcible rape;
- robbery with a dangerous weapon;
- kidnapping;
- escape from lawful custody;
- eluding an officer;
- first-degree burglary;
- first-degree arson;
- unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances;
- trafficking in illegal drugs; or
- manufacturing or attempting to manufacture a controlled dangerous substance.
It is also sufficient for the crime of first-degree murder that the defendant either willfully tortured or used unreasonable force upon a child or maliciously injured or maimed a child where it resulted in death.
In addition, soliciting another person(s) to cause the death of a human being in furtherance of unlawfully manufacturing, distributing, or dispensing controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act is also considered murder in the first degree.
A person also commits murder in the first degree when that person intentionally causes the death of a law enforcement officer or correctional officer in the performance of official duties.
First-Degree Murder in Tulsa Penalties
First-degree murder in Tulsa shall be punished by death or life in prison with or without parole. Okla. Stat. tit. 21 § 2312
Death Penalty
For a sentence of death to be imposed for first-degree murder, at least one or more aggravating circumstances must be found present or the aggravating factors must outweigh the mitigating circumstances:
Aggravating circumstances shall be:
- The defendant was previously convicted of a felony crime involving the use or threat of violence to the person;
- The defendant knowingly created a great risk of death to more than one person;
- The person committed the murder for remuneration or the promise of remuneration or employed another to commit the murder for remuneration or the promise of remuneration;
- The murder was especially heinous, atrocious, or cruel;
- The murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution;
- The murder was committed by a person while serving a sentence of imprisonment on conviction of a felony;
- The existence of a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society; or
- The victim of the murder was a peace officer and was killed while in performance of official duty.
Those convicted of first-degree murder or attempted first-degree murder in Tulsa will also be required to register under the Mary Rippy Violent Crime Offenders Registration Act. Okla. Stat. tit. 21 § 593
Free Consultation: Tulsa Criminal Defense Attorney
When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a free consultation with an experienced Tulsa criminal defense attorney to discuss your available legal options.
Contact the Tulsa Criminal Defense Law Firm by calling 918-756-9600 or toll free at 1-888-447-7262.
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