MURDER IN THE SECOND DEGREE
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Murder in the Second Degree is a homicide that occurs by a person’s imminently dangerous conduct or by felony murder. To be a second-degree murder, the person who does the killing does so without any deliberate intent to kill or premeditation. A person acts with imminently dangerous conduct when the conduct creates what a reasonable person would realize as an immediate and extremely high degree of risk of death to another person. A person evinces 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.
All Murder charges are serious offenses in Oklahoma. It is crucial you retain a Fierce Advocate, experienced criminal defense attorney, and criminal trial lawyer to fight for you, if you have charges of this magnitude pending in criminal court. The stakes cannot be higher than facing murder charges.
The statute for Murder in the Second Degree is OKLA. STAT. tit. 21 § 701.8, which states “When perpetrated by an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual; or when perpetrated by a person engaged in the commission of any felony other than the commission or attempted commission of murder of another person, 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.
Elements of the Crime
In order to be convicted of Murder in the Second Degree in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:
For Murder in the Second Degree by Imminently Dangerous Conduct:
1) The death of a human;
2) the death was caused by conduct which was imminently dangerous to another person;
3) the conduct was that of the defendant;
4) the conduct evinced a depraved mind in extreme disregard of human life;
5) the conduct is not done with the intention of taking the life of any particular individual.
Oklahoma Jury Instruction #4-91.
For Murder in the Second Degree by Felony Murder:
1) The death of a human;
2) occurring as a result of an act or event which happened in the commission of a felony;
3) caused by the defendant or a person engaged with the defendant while in the commission of a felony;
4) the elements of the specific underlying felony that the defendant is alleged to have been in the commission of are met.
Oklahoma Jury Instruction #4-92.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Murder in the Second Degree in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.