Attorney Explains Second Degree Murder

second degree murder

In November of 2016, a 19 year old woman received a conviction of second degree murder.  She was with two accomplices during a botched robbery. The three offenders were going to rob and steal a vehicle from another teen.  However, in the process of these felony crimes, the victim was killed.  This offense is a second degree murder charge.  However, you may wonder why?  This article explains the elements of a murder crime and how it affects sentencing.

Elements of Second Degree Murder

Under Title 21 §701.8 you can find the elements of second degree murder in the Oklahoma statutes.  First and foremost, a person must die.  This death must not be a result of any preplanning.  If the murder is preplanned then is it a first degree offense instead.  Second, you must know that the action you take toward the victim is harmful and may cause death to someone.  Third, you must do this act with this knowledge.

Another way to commit a second degree murder is like the example above.  You must be committing a felony or in the midst of attempting to commit a felony when the victim dies.  This is also a second degree murder charge.  Some examples are robbery crimes, drunk driving offenses, or fatally beating another person.


Punishments for Second Degree Murder

Oklahoma has strict laws facing people receiving second degree murder convictions.  The minimum sentence is 10 years.  This however, is a raresecond degree murder sentence for second degree murder.  You will more likely face upwards of 20 years to life in prison.  While you may eventually have the possibility of parole, you can expect to spend several years of your life behind bars.

Creek County Attorneys Can Help

We understand that people make mistakes in life.  There are events which people regret and would take back if possible.  However, the law does not always see things this way.  This is why it is important to ensure you have competent and skillful counsel on your side.  Your first consultation with our attorneys is free.