Second Degree Murder is Still Murder
Murder is one of the most serious crimes a person can commit in Muskogee. The punishment for this crime clearly reflects the state’s belief in this sentiment. Unlike many states, Oklahoma still allows the death penalty for certain crimes. First degree murder is one of those.
However, murder in Muskogee comes in one of two degrees: First degree and second degree – both involve taking the life of another person. Whether the defendants intended to murder from the very beginning, or they endangered others with their reckless behavior during the commission of a felony, the defendant can be charged with murder either way.
Murder may be the scariest criminal charge to face in America, as it can lead to your demise. For a fighting chance call a Muskogee criminal defense attorney to discuss your legal situation. Call (918) 884-7774 to set up a free consultation.
Second Degree in Muskogee Murder Elements
The Oklahoma legislature has defined second degree murder according to four major elements:
- the death of a person;
- caused by imminently dangerous conduct;
- the conduct evinced a depraved mind in extreme disregard of human life; and
- the conduct is not done with the intention of taking the life of any particular individual. Okla. Stat. tit. 21 § 701.8 OUJI-CR 4-91
Penalties of second degree murder aren’t as steep as those for murder in the first degree. Capital punishment is not a possible sentence for murder in the second degree. Instead, life in prison is the maximum punishment. The minimum punishment for a sentence is 10 years in prison. Okla. Stat. tit. 21 § 701.8 OUJI-CR 4-91
85% Crimes in Oklahoma
In Oklahoma, certain crimes have a rule that forces people to complete 85% of the sentence before they are eligible for parole. This means people cannot earn credits and therefore cannot reduce the length of their prison sentence.
The list of 85% crimes consists of but is not limited to:
- First degree murder
- Second degree murder
- First degree rape
- First degree manslaughter
- Poisoning with intent to kill
- Shooting with intent to kill, use of a vehicle to facilitate the use of a firearm, crossbow, or other weapons
- Assault with intent to kill
- Assault and battery with a deadly weapon
- First degree arson
- First degree burglary
- Conjoint robbery
- Robbery with a dangerous weapon
All of the crimes listed have a clause upon the conviction that forces people to complete at least 85% percent of their sentence before parole can become viable. Call a criminal defense attorney in Muskogee immediately, if the court convicts you of second degree murder, you will have to spend at least eight and a half years in jail.
Free Consultation with a Muskogee Felony Attorney
Sometimes life leads people down the wrong roads, if one travels too far down the wrong road their lives could be ruined forever. Call an attorney before it is too late.
Call us at (918) 884-7774 or click on the consultation form on this page to set up your free consultation with a Muskogee attorney.