First degree murder is the most serious homicide charge in Oklahoma. It involves intentionally or unlawfully causing another person’s death under specific legal circumstances. A conviction carries the harshest penalties available under state law, including life imprisonment or the death penalty. This article explains how Oklahoma law defines first degree murder and the potential consequences.
Legal Definition of First Degree Murder
Under Title 21, Oklahoma Statutes § 701.7, a person may be charged with first degree murder in one of the following ways:
1. Intentional and Unlawful Killing
A person is guilty of first degree murder if they intentionally and unlawfully kill another human being with malice aforethought—meaning the killing was deliberate and premeditated.
2. Felony Murder Rule
A killing also qualifies as first degree murder if it occurs during the commission (or attempted commission) of a violent felony, even if the killing was unintentional. Qualifying felonies include:
- Robbery
- Kidnapping
- Rape
- Burglary
- Arson
- Escape from custody
- Child abuse or neglect
This is the felony murder rule, and it holds a person criminally responsible for any death resulting from their participation in a dangerous felony.
3. Child Abuse Murder
A person may be charged with first degree murder if they willfully or maliciously cause the death of a child through abuse, whether by action or omission.
What the State Must Prove
To convict someone, the prosecution must prove the following elements beyond a reasonable doubt:
- The victim is deceased;
- The defendant caused the victim’s death;
- The killing was done with malice aforethought or occurred during the commission of a specified felony;
- The defendant acted unlawfully (i.e., without legal justification such as self-defense).
Each element must have admissible evidence such as witness testimony, forensic evidence, confessions, or surveillance footage.
Possible Penalties
First degree murder is a capital offense in Oklahoma. If convicted, a defendant may face one of the following sentences:
- Life imprisonment without the possibility of parole
- Life imprisonment with the possibility of parole
- Death penalty (only in certain aggravated cases, and when the prosecution seeks it)
Factors that may affect sentencing include the defendant’s criminal history, the presence of aggravating or mitigating circumstances, and whether the killing was particularly heinous or cruel.
Possible Defenses
Common legal defenses to a charge of first degree murder in Oklahoma include:
- Self-defense or defense of others
- Lack of intent or premeditation
- Mental illness or insanity
- Alibi or mistaken identity
- Insufficient evidence
In felony murder cases, a defendant might argue that they were not directly involved in the killing or withdrew from the felony before the death occurred.
Tulsa Criminal Lawyers
A first degree murder charge in Oklahoma is life-altering and demands an aggressive legal defense. The stakes are incredibly high, and the law is complex. If you or a loved one is facing such a charge, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online.