Second degree murder is a serious charge in Oklahoma. In Oklahoma, murder charges are divided into different degrees depending on the facts and circumstances of the crime. While first-degree murder often involves premeditation or specific aggravating circumstances, second-degree applies to killings that are intentional or reckless but lack those specific factors.
Legal Definition
Under Title 21, Oklahoma Statutes § 701.8, second-degree murder includes two main categories:
- Depraved Mind Murder – When a person engages in an act that is imminently dangerous to others and shows a “depraved mind” without regard for human life, even if there was no intent to kill a specific person.
- Felony Murder (Second Degree) – When a death occurs during the commission of a felony that is not listed under first-degree felony murder statutes, such as drug distribution.
Unlike first-degree murder, second-degree murder does not require premeditation or specific intent to kill. Instead, it focuses on reckless conduct or unintended consequences during a dangerous or criminal act.
To better understand how these charges apply, here are a few examples:
- A person fires a gun into a crowd without intending to kill anyone but causes a fatality.
- Someone sells drugs, and the buyer dies as a result of using them.
- A person engages in reckless driving while fleeing from police and causes a fatal crash.
The person may not have planned kill, but their actions were so reckless that the law treats it as murder.
Penalties for Second-Degree Murder
Second-degree murder is a felony in Oklahoma and carries serious penalties. If convicted, a person may face:
- 10 years to life in prison, depending on the circumstances and any prior criminal history.
- A life sentence typically means the defendant will be eligible for parole after serving a significant portion of the sentence, but not always.
Because it is a violent crime, those convicted often face additional consequences such as loss of voting rights, firearm ownership restrictions, and challenges with employment or housing after release.
Possible Defenses
Every case is different, but common defenses in Oklahoma may include:
- Self-defense or defense of others
- Lack of intent or recklessness
- No causal link between the defendant’s actions and the death
- Violation of constitutional rights during arrest or investigation
A criminal defense attorney can evaluate the case and develop a strategy to fight the charges.
Tulsa Criminal Lawyers
Second-degree murder in Oklahoma covers a range of serious and deadly actions that may not be planned but still result in a loss of life. Whether the case involves reckless behavior or a felony gone wrong, a conviction can lead to decades in prison. 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.