Even if you grew up watching television crime drama, you might not know it, but not all homicides in Muskogee, Oklahoma are murder.
Murder is one of the most severely punished crimes in our society, and all types of murder in Muskogee are punished harshly.
What is Second-Degree Murder in Muskogee?
Oklahoma, like most states, classifies homicides differently in different circumstances. Second-degree murder in Muskogee is one such classification.
A homicide is deemed murder in the second degree when the killing is done by an act that is imminently dangerous to another person and when the killer shows a “depraved mind.” Okla. Stat. tit. 21 § 701.8
In addition, the killing must have occurred without any premeditation. Alternatively, a killing may be deemed as second-degree murder if it happens during the commission of a felony other than those enumerated under the statute.
Imminent Danger
Not all acts that end in death are imminently dangerous. For example, a person may be driving a car down a street, within the posted speed limit. If a child darts out suddenly and is hit and killed by the driver, the mere act of driving would not be considered to be imminently dangerous.
However, waving a loaded gun at someone, to scare or control the actions of a person could be considered imminently dangerous.
Depraved Mind
The depraved state of mind is one that shows a reckless disregard for the value of human life.
If a driver is highly intoxicated, and driving recklessly at speeds well above the posted limit, an accident causing death to another could be prosecuted as second-degree murder.
Absence of Premeditation
First-degree murder in Muskogee requires a showing of intent to murder or “malice aforethought.” Okla. Stat. tit. 21 § 701.7
Second-degree murder in Muskogee does not require any showing of planning or intent for the death to occur. The death can occur without intent.
Penalty
The statutory penalty for second-degree murder in Oklahoma is from 10 years to life in prison. Okla. Stat. tit. 21 § 701.9
In addition, murder is one of the crimes enumerated in the 85% Rule in Oklahoma. Okla. Stat. tit. 21 § 13.1
Under this rule, if sentenced, you must serve at least 85% of the time you are sentenced to.
Thus, if you are convicted of second-degree murder in Oklahoma, you must serve at least 8.5 years of a 10-year sentence.
Low-cost Consultation: Muskogee Criminal Defense Attorney
If you or a loved one is accused of committing murder in Muskogee, it is imperative that you hire local counsel right away.
The capable, experienced Muskogee criminal defense attorneys at Wirth Law Office – Muskogee will carefully explain the process and alternatives you face. They are willing and able to explore all possible defenses and fight hard for you.
Call an experienced Muskogee criminal defense attorney today at 918-913-0725 or toll free at 1-888-447-7262 (Wirth Law).
If you prefer, you can use the box in the upper right-hand corner of this page to send a brief question or message.
