If you have been charged with murder the state of Oklahoma you are facing some serious life changing circumstances. There is not a more serious crime in Oklahoma and the prosecuting attorney's will be utilizing all of their resources to convict you. You simple cannot afford to face these charges without the representation of a skilled Oklahoma criminal defense attorney with experience in murder trials. Your future is at stake and the skill of your criminal defense attorney can mean the difference between going to prison or going home.
Definitions of Murder:
Murder in the 1st Degree:
Murder in the 1st Degree is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, burglary, or robbery; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.
Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life.
Murder in the 2nd Degree:
Any other murder is murder in the second degree.
Whoever is guilty of murder in the second degree, shall be imprisoned for any term of years or for life.
Mitigating Factors For Determining the Death Penalty:
In determining whether a sentence of death is to be imposed on a defendant, the finder of fact shall consider any mitigating factor, including the following:
Impaired capacity. - The defendant's capacity to appreciate the wrongfulness of the defendant's conduct or to conform conduct to the requirements of law was significantly impaired, regardless of whether the capacity was so impaired as to constitute a defense to the charge.
Duress. - The defendant was under unusual and substantial duress, regardless of whether the duress was of such a degree as to constitute a defense to the charge.
Minor participation. - The defendant is punishable as a principal in the offense, which was committed by another, but the defendant's participation was relatively minor, regardless of whether the participation was so minor as to constitute a defense to the charge.
Equally culpable defendants. - Another defendant or defendants, equally culpable in the crime, will not be punished by death.
No prior criminal record. - The defendant did not have a significant prior history of other criminal conduct.
Disturbance. - The defendant committed the offense under severe mental or emotional disturbance.
Victim's consent. - The victim consented to the criminal conduct that resulted in the victim's death.
Other factors. - Other factors in the defendant's background, record, or character or any other circumstance of the offense that mitigate against imposition of the death sentence.