Hi, I’m Oklahoma City Attorney Aaron Easton, and that’s the important topic that we’re gonna discuss here today. So murder two, more appropriately known as murder in the second degree, can be found in Title 21, Section 701.8 of the Oklahoma Statutes.
And really there are two ways under that statute that the state of Oklahoma can charge you with murder in the second degree. The first of those ways is when the state claims that your activity caused the death of another through imminently dangerous activity and inventing a depraved heart. So what in the world does that mean exactly? And really the difference between murder in the first degree and murder in the second degree comes down to your intent.
The Intent Behind Murder in the Second Degree
For murder in the second degree, the state of Oklahoma doesn’t have to prove that you had the specific intent to cause the death of another. They have to prove that you caused the death of another without premeditation, but through reckless disregard for human life or total indifference to human life. So that’s the first way, that the death of another was caused through your total indifference. Perhaps you weren’t trying to kill somebody, but whatever you were doing, you didn’t care if that led to the death of another.
The second way is through the felony murder rule. Now the felony murder rule crosses over from first degree murder to second degree murder, and it depends what type of felony you were involved in when the death of another occurred.
The Felony Murder Rule
In a different video, we’re gonna discuss first degree murder, and in that statute, the state of Oklahoma lists several different felonies that your involvement in, which led to the death of another, could be considered first degree murder. And the important thing to know here is any of the felonies not listed in the statute for first degree murder, if the death of another was caused while you were involved in a felony not listed under the first degree murder statute, you could be charged with and convicted of second degree murder.
The most important thing here is if you’re facing a first degree or second degree murder charge, if you’ve been questioned about the death of another, you’re really gonna wanna speak to an attorney as soon as possible. Goes without saying, this is very important stuff. You’re gonna wanna speak to somebody privately, confidentially about the specific facts of your case.
Contact an Attorney for a Free Consultation
To speak to somebody at my firm for a free consultation, you can reach us online at postconviction.lawyer or call (918) 932-2833.