What Are the Difference Between First and Second-Degree Murder in OKC?

Though it can be difficult to consider, under the law there are different degrees of homicide. For example, murder is the most severe homicide offense and is often considered one of the most heinous crimes in general. However, there are different classifications of murder charges, so understanding how they differ is critical if you’re facing charges. The following blog explores what you should know about these offenses and why working with an Oklahoma City murder defense lawyer is critical during these difficult times.

How Do First and Second-Degree Murder Differ?

In Oklahoma, murder charges are classified as either first or second-degree. As such, understanding the differences between what warrants these charges is crucial.

Typically, first-degree murder involves premeditation, or malice aforethought. This means that prior to the murder, the defendant thought about, planned, or fully intended to commit this offense and take the life of the victim. While many assume that this means the defendant spent months, days, or hours planning, this is not always the case. If someone premeditates murder immediately before committing the act, it would still constitute a first-degree murder offense.

It’s also important to understand that in some instances, first-degree murder does not need to include premeditation. If you commit a felony like armed robbery, forcible rape, arson, or child abuse, and commit homicide in the process, you can be charged with a first-degree offense under Oklahoma law.

Second-degree murder, on the other hand, is charged with those who kill another human without premeditation but through inherently dangerous acts. Examples of actions that could be classified as second-degree murder include driving under the influence and being involved in a fatal accident if you already have a prior DUI conviction. Though you may not have intended to kill someone, the action of driving under the influence is inherently a threat to human life. Additionally, homicides that occur during the commission of a felony not classified as first-degree will be considered a second-degree murder offense.

What Are the Penalties Associated With These Charges in Oklahoma?

As you can imagine, the penalties for committing murder in Oklahoma are incredibly severe. Generally, for a first-degree offense, you can anticipate a life sentence, with or without the possibility of parole. However, it’s also entirely possible that you could face the death penalty if convicted.

For a second-degree charge, you will face a minimum of ten years in prison with the possibility of life behind bars.

Because the penalties for this offense are incredibly severe, it’s imperative to connect with an experienced criminal defense attorney as soon as possible. This is not something you should try to navigate on your own. At the Jones Firm, PLLC, our team can examine the details of your case to fight for the best possible outcome for your unique circumstances. Do not wait until it’s too late to contact us for help in these distressing times.