Murder Defense Attorney in Oklahoma

Oklahoma Murder Criminal Defense Attorneys Cannon & Associates are FIERCE ADVOCATES for those charged with life-changing criminal offenses–Oklahoma County Murder Defense Lawyers. We have successfully defended multiple clients in jury trials and throughout the process of a Murder or Manslaughter case in Oklahoma. 

A successful defense can result in a case dismissal, dropped charges, or a not-guilty verdict at trial, which we have accomplished for multiple clients charged with Murder in Oklahoma. 

If you or a loved one has been charged with homicide or Murder, call us for a free confidential case evaluation. Our criminal defense attorneys are available to talk to you today. Call Cannon & Associates at (405) 657-2323 and begin to prepare your defense. 

Know your Options, if Accused or Charged with Murder in Oklahoma

Homicide charges, including murder are the most serious types of crimes as the impact of the harm caused and the severity of the resulting penalties cannot be any greater. A person charged with murder in Oklahoma County or anywhere in Oklahoma faces the stiffest penalties for murder in the country: life in prison or life without the possibility of parole. In some circumstances with aggravating factors, the prosecution may seek the death penalty in Oklahoma

Murder cases, especially those involving the potential of the death penalty, require special skills and knowledge based on experience handling complex and life-altering murder cases.Our team has many years of experience practicing criminal defense and prosecution of violent crime in Oklahoma, including many murder and manslaughter cases. Cannon & Associates works closely with investigators, mental health experts, forensic experts, toxicologists, firearm experts, and others to build a strong defense and provide FIERCE ADVOCACY for our clients facing murder in Oklahoma.

It is important to know your rights and retain an Oklahoma criminal defense attorney with experience defending Murder and Manslaughter cases as soon as possible. Your life and freedom are on the line and you need a defense. In Oklahoma, there are a wide variety of homicides, including Negligent Homicide, Manslaughter, and Murder. Each with its own elements, criminal intent, and proof requirements.

First degree murder is the most serious crime under Oklahoma law. This charge requires a defendant to serve 85% of a sentence before release and carries life in prison as a minimum sentence. The differences between first-degree murder and second-degree murder are as follows:

First Degree Murder

Unlawfully causing the death of another person with malice aforethought. Period. However, the legal significance of this sentence is greatly debated. 

Malice refers to the deliberate and unlawful intent to take a human life, demonstrated through external circumstances that can be proven.

Murder in the First Degree by Felony Murder does not require malice aforethought. Rather, felony murder in Oklahoma means engaging in one of the following specified felonies and your personal conduct causes the death of a human being. In Oklahoma, you may be convicted of Felony Murder for the acts of an accomplice resulting in the death of another; however, the death penalty may not be sought in that circumstance. The following felonies comprise the lists of predicates to felony murder:

1. Forcible rape;
2. Robbery with a dangerous weapon;
3. Kidnapping;
4. Escape from lawful custody;
5. Eluding an officer;
6. First-degree Burglary/Arson;
7. Murder of a person other than the deceased;
8. Shooting/discharge of a firearm/crossbow with intent to kill a person;
9. Intentional discharge of a firearm into a dwelling/building;
10. Unlawful distributing or dispensing of controlled dangerous substances;
11. Trafficking in illegal drugs;
12. Manufacturing/Attempting to manufacture a controlled dangerous substance.

Understanding Malice Aforethought and Premeditation

In Oklahoma law, the term ‘malice aforethought’ refers to the intention to take another human being’s life. This type of first-degree murder is the most common type prosecuted in Oklahoma. It’s crucial to understand that malice aforethought doesn’t require prolonged planning. The fatal intent can form immediately before the act is committed.

This understanding is vital for anyone facing first-degree murder charges and forms an essential part of any defense strategy.

Crafting a Defense Against Charges of Reckless Disregard

Charges of reckless disregard often come into play in vehicular manslaughter cases. For instance, consider a scenario where a driver, under the influence of alcohol, chooses to get behind the wheel. While driving in an impaired state, the driver’s reaction times are slowed, and they fail to adhere to traffic signals, ultimately causing a collision that results in the death of another motorist. In this case, the driver’s irresponsible decision to drive while intoxicated could lead to charges of vehicular manslaughter due to driving under the influence (DUI).

Given the emotionally charged nature of DUI manslaughter cases, having a defense strategy that counters the prosecution’s effort to appeal to jury sympathy is crucial. This approach is vital for defending against charges of reckless disregard for human life.

Second Degree Murder

In Oklahoma, Second Degree Murder includes the following:

• An act that is imminently dangerous to another person and shows a “depraved mind” with disregard for human life, but without any premeditated intent to cause the death of a specific individual.
• Second Degree Felony Murder, which occurs when a person dies during the commission of any felony that is not categorized as Felony Murder (as outlined above).

While the penalty for second degree murder is not as severe as first degree murder; a conviction of Second Degree Murder will change the life of a defendant and their family forever. Second Degree Murder carries ten (10) years to life in prison. 

Manslaughter: A Serious Charge that Needs an Experienced Criminal Defense Attorney

Manslaughter in Oklahoma carries significant penalties, including the possibility of lengthy prison sentences. The following actions constitute manslaughter in Oklahoma:

• When committed without intent to cause death by someone engaged in a misdemeanor.
• When committed without intent to cause death, in the heat of passion, but in a cruel or unusual manner, or using a dangerous weapon—unless the circumstances qualify as excusable or justifiable homicide.
• When committed unnecessarily while resisting an attempt by the victim to commit a crime or after such an attempt has failed.

Facing a manslaughter charge cannot be taken with anything but the greatest seriousness. Manslaughter allegations in Oklahoma recognizes the life lost was taken unintentionally or without malice; however, it still involves the death of another human being, a fact which cannot be overstated in the minds of a jury. A manslaughter charge in Oklahoma must be taken as seriously as a Murder charge in Oklahoma.

First Degree Manslaughter

First-degree manslaughter in Oklahoma is characterized by a homicide that occurs in the heat of passion but is a result of provocation that would cause a reasonable person to lose self-control. It is differentiated from second-degree murder by the absence of premeditation.

Second Degree Manslaughter

Second-degree manslaughter is defined as an unintentional killing that results from an act of recklessness or gross negligence, without the intent to cause death or bodily harm. Examples include fatal accidents stemming from disregard for safety regulations.

Excusable Homicide

This occurs when a death is the result of an accident or misfortune during a lawful act, conducted without any evil intent or gross negligence. For instance, if a person is killed by a ball during a baseball game without any foul play, it may be deemed excusable homicide.

Justifiable Homicide

This refers to killings that are permitted under the law, such as in cases of self-defense. If an individual uses necessary force to protect themselves or others from an immediate threat of death or serious harm, the killing may be considered justifiable. An example is a homeowner who, in fear for their life, fatally shoots an armed intruder.

The penalties for these charges vary, with second-degree murder carrying a sentence ranging from 10 years to life imprisonment, and second-degree manslaughter punishable by one to four years in prison or county jail. However, the final amount can vary significantly based on the unique circumstances of each case.

Our Process to Fight Murder Charges

Facing a murder or homicide investigation or charge is an intimidating endeavor.  Police and prosecutors appear to have all the power and evidence. However, through experience and Fierce Advocacy, you can fight these charges and potentially reach a positive outcome or a substantially reduced sentence.

To fight and win homicide and murder cases, an experienced Oklahoma murder defense lawyer from Cannon & Associates will typically take the following steps:

• Investigate Facts — To find weakness in the case, Cannon & Associates retains private investigators and experts in homicide cases. Experts can identify weaknesses in the prosecution’s case, including different opinions of the meaning on forensic evidence or discrepancies between evidence and the testimony presented by the prosecution.  
• File Motion to Dismiss — Prosecutors have the authority to file any charge they believe probable cause evidence supports; however, that is a much lower burden than beyond a reasonable doubt, which is necessary to sustain a conviction. A Motion to Dismiss seeks to dismiss specific counts or your entire murder case in Oklahoma. This motion can be based on lack of evidence or other weaknesses in your murder case. When appropriate, the Edmond murder defense attorneys at Cannon & Associates also seek dismissal based on insufficient evidence at the preliminary hearing, motion and trial stage.
• File Motions to Suppress Illegal Evidence — If law enforcement does something outside the law; evidence obtained as a result may be excluded from trial. Successful suppression will limit the evidence the prosecutor can present, which may lead to a favorable plea, dismissal, or a strong defense during trial.
• Fight with Legal Defenses —As discussed in the next sections, several legal defenses exist to defend against murder or manslaughter charges, which if successful will result in a not-guilty verdict or dismissal by the prosecution. 
• Present a Strong Case — Telling a compelling story at trial is the best defense to being charged with murder. When true, the Edmond murder defense lawyers at Cannon & Associates will demonstrate to the jury the evidence from prosecution does not prove your guilt. You will be found not guilty, if the prosecutor cannot prove beyond a reasonable doubt that you committed the crime.

These steps can help you fight homicide charges. Cannon & Associates’ success defending people accused of homicide crimes is based on our comprehensive approach.

Legal Defenses in Homicide Cases: Self-Defense and Beyond

Every story has two sides, and a murder case is no different. Various legal defenses can be employed in homicide cases. One commonly used defense is self-defense. In Oklahoma, self-defense is justifiable in homicide cases if the defendant can prove that the act was necessary to protect their life or the life of another. Some other legal defenses that can be used in homicide cases include:

• Insanity Defense: A legal argument where the defendant claims they were not responsible for their actions due to a severe mental illness at the time of the crime, which made them incapable of understanding the nature or wrongfulness of their actions.
• Defense of Others: This defense is invoked when a defendant claims that their actions, which resulted in harm to another person, were justified because they were protecting a third party from imminent harm.
• Defense of Property: A defense claiming that the defendant was justified in using force to protect their property from being invaded or illegally taken.
• Mistaken Identity: This defense asserts that the defendant has been incorrectly identified as the perpetrator of the crime.
• Lack of Intent: A claim that the defendant did not have the intention to commit a crime or cause harm, which is a necessary element for certain offenses.
• Alibi Defense: The defendant provides evidence that they were somewhere else at the time the crime was committed, and therefore could not have been involved.
• Accidental Death Without Culpable Negligence: Refers to an unintentional fatality that occurs without any legal fault or gross negligence on the part of the individual involved. This defense is typically used when the death is a result of a genuine accident and no one is to blame for the mishap.

When facing homicide charges, it’s imperative to have a seasoned criminal defense attorney who can represent your case and formulate a robust defense strategy. Cannon & Associates’ approach involves a deep evaluation of the available defenses, which can range from self-defense to accidental death without culpable negligence and from mistaken identity to insanity defense. Each defense avenue has its own intricacies, and Cannon & Associates is adept at presenting these effectively in court to protect your rights and aim for the best possible outcome.

Challenging the Prosecution’s Evidence

A crucial part of a defense strategy is challenging the prosecution’s evidence. Defense lawyers strive to exclude evidence obtained through unreasonable searches or seizures and forced confessions, which violate the Fourth and Fifth Amendments, respectively. The defense can challenge the credibility and reliability of the prosecution’s evidence through the cross-examination of witnesses during the trial.

The preliminary hearing plays a vital role in this process. The judge must consider the evidence presented by the prosecution at this stage but is not making a final decision on guilt. This stage is an opportunity for the defense to challenge the prosecution’s evidence and seek a case dismissal due to inconsistent evidence or rights violations.

CHOOSE A TOP-RATED OKLAHOMA MURDER DEFENSE FIRM FOR YOUR DEFENSE

You need a fierce advocate to defend your life and freedom, if you have been accused of or believe you are about to be charged with Murder, Manslaughter, or Negligent Homicide in Oklahoma. You will find experienced, specialized, and caring representation by calling the CANNON & ASSOCIATES.

A murder defense attorney’s role is multi-faceted. They are your advocates in the courtroom, defending you against homicide charges. They:

• Represent you in court
• Ensure your rights are protected
• Challenge any evidence the prosecution presents
• Cross-examine witnesses to uncover the truth

Federal and State Court Proceedings

Homicide cases can span across both federal and state legal systems, and each court operates under its unique set of rules and procedures. This is why the attorney’s proficiency in knowing both federal and state court proceedings is crucial. An attorney like the ones at Cannon & Associates have handled over a dozen homicide cases within these legal systems, showcasing a comprehensive understanding of their intricacies.

Strategic Case Evaluation and Planning

Defense strategy requires a deep understanding of the crime, the charges brought against the client, and the nuances of the case. The attorney assesses all aspects of the case to develop a strategy tailored to the client’s specific needs and circumstances. Grasping the intricacies of the charges, such as the degree of murder or specific circumstances surrounding the case, is vital in formulating an effective legal defense.

Presenting new evidence can be a game-changer in challenging a conviction. This evidence can either prove the client’s innocence or significantly reduce their involvement in the crime. In some cases, the defense strategy may even involve arguing that the case was not tried in the correct jurisdiction.

How Cannon & Associates Can Help You – Experience Matters

At Cannon & Associates, we are committed to providing a strong defense for individuals facing the serious charge of negligent homicide in Oklahoma. Our firm is not just about legal representation; it’s about standing with our clients every step of the way. We understand that facing criminal charges can be a life-altering experience, and we are dedicated to ensuring that our client’s rights and freedoms are fiercely protected. Our approach goes beyond the courtroom; we offer comprehensive support services aimed at promoting our clients’ overall well-being, recognizing that they are individuals with unique stories, dreams, and aspirations.

At Cannon & Associates, we fiercely defend the rights of those accused of serious criminal offenses, guaranteeing that every individual is afforded a just trial. Our experience is not limited to civilian law; we also provide adept legal representation in military justice cases. We understand the distinct challenges that service members face and are committed to delivering vigorous defense and unwavering support in these specific legal areas.

If you or a loved one is facing the immense challenges of a homicide charge in Oklahoma, remember that you are not alone. Cannon & Associates is here to provide the aggressive defense and personalized attention your case demands. Don’t let another moment pass by in uncertainty—take control of your legal journey now. Call us at 405-657-2323 and let our experienced defense team fight for your rights and work towards securing the best possible outcome for you. Your future is worth defending, and our commitment to justice is unwavering.

Frequently Asked Questions

What is a negligent homicide in Oklahoma?

In Oklahoma, negligent homicide is typically related to vehicle accidents where a person causes a fatal accident due to reckless driving. For example, if a driver is excessively speeding or ignoring traffic signals, and this results in a fatal crash, they may be charged with negligent homicide. This type of homicide charge indicates that the driver’s negligent behavior, though not intentional, was directly responsible for the loss of life.

Are innocent people ever charged with murder?

Innocent people are accused of crimes every day in Oklahoma; murder charges are no exception. Innocent citizens being charged with murder is even more common than other criminal charges, because there are rarely eyewitnesses to a murder and a prosecutor’s case is largely based on circumstantial evidence or evidence surrounding the event. Unfortunately, this results in innocent people in the wrong place or time being accused and charged with murder in Oklahoma. Fighting to win at trial is the best and sometimes only option, if you are innocent.

What is the sentence for murder in Oklahoma?

In Oklahoma, the sentence for First Degree Murder is Life imprisonment with a minimum of 38 years before parole eligibility. There is also the possibility of a sentence of Life Without Parole, condemning the defendant to never leave prison.

What is the role of a murder defense attorney?

The role of a murder defense attorney is to represent clients in court, protect their rights, challenge prosecution evidence, and cross-examine witnesses. This ensures a fair trial for the accused.

What is the difference between first-degree and second-degree murder charges?

The main difference between first-degree and second-degree murder charges lies in the level of intent and premeditation involved in the act. First-degree murder is characterized by deliberate planning and a calculated decision to end a life. For example, if someone purchases a weapon, waits for the right moment, and then commits the act, this showcases the premeditation and intent required for a first-degree murder charge.

On the other hand, second-degree murder reflects a more impulsive action, where the individual may have intended to harm but did not plan it in advance. A typical scenario might be a sudden, heated altercation that escalates, leading one person to commit a lethal act without having contemplated it beforehand.

What are some legal defenses in homicide cases?

In homicide cases, legal defenses can include self-defense, accidental death without culpable negligence, mistaken identity, diminished mental responsibility, or lack of understanding that the act was wrong (insanity). These defenses may be used to argue against a charge of homicide.