A charge of murder in Tulsa, Oklahoma always has serious implications. Not only could you serve life in prison, if convicted, but also the stigma of a murder charge can affect your personal life as well for years to come.
However, no person may be convicted of second-degree murder in Oklahoma unless the State has proved beyond a reasonable doubt each element of the crime.
Defining Second-Degree Murder in Oklahoma
The elements of second-degree murder in Oklahoma are:
- the death of a human;
- caused by conduct which was imminently dangerous to another person(s);
- the conduct was that of the defendant(s);
- the conduct evidenced a depraved mind in extreme disregard of human life;
- the conduct is not done with the intention of taking the life of any particular individual.
OUJI-CR 4-91
“Imminently dangerous conduct” is conduct that creates what a reasonable person would realize as an immediate and extremely high degree of risk of death to another person.
A person evidences a “depraved mind” when he engages in imminently dangerous conduct with contemptuous and reckless disregard of, and in total indifference to, the life and safety of another. Reckless disregard of the safety of others is the omission to do something that a reasonably careful person would do in the performance of an act usually and ordinarily exercised by a person under similar circumstances and conditions. OUJI-CR 4-107
Second-degree murder in Oklahoma can also be committed while engaging in the commission of any felony other than the commission or attempted commission of murder of another person, including:
- shooting or discharge of a firearm or crossbow with intent to kill;
- 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.
Penalty for Second-Degree Murder in Oklahoma
Second-degree murder in Oklahoma is a felony offense punishable by 10 years to life in prison. Okla. Stat. tit. 21 § 701.9
Free Consultation: Tulsa Criminal Defense Attorney
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