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Felony Murder
The Oklahoma Statute that covers First Degree Murder in the State of Oklahoma is Title 21 O.S. Section 701.7. Under Oklahoma law there are four (4) ways to commit homicide. This page explains one of those ways, felony murder.
All First (1st) Degree Murders are felonies. But, when the term “Felony Murder” it means that the death resulted from the commission of an enumerated felony. For example if a defendant robbed a liquor store and a death resulted from that robbery the law says that death is a First (1st) Degree Murder. Even if the defendant never intended on hurting anyone. A defendant could be convicted of Felony Murder if during the robbery the clerk had a heart attack and died. Or if during the robbery the clerk attempted to shoot the robber and accidentally shot a customer. Or a common scenarios is a defendant is driving a get away car and his co-defendant robs a store and kills a clerk, in that circumstance both the driver and the shooter could be convicted of Felony Murder. Felony Murder in Oklahoma is defined by Title 21 O.S. Section 701.7 (B) as:
A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance.
Punishment for First Degree Murder in Oklahoma
Oklahoma has one of the harshest punishments for First (1st) Degree Murder in the country. In Oklahoma the minimum for First (1st) Degree Murder is Life. A Life sentence in Oklahoma means the defendant must serve 38 Calendar years before being eligible for parole. Murder also carries the possibility of a sentence of Life Without Parole which means a defendant never gets out of prison. And in some circumstance the punishment for First (1st) Degree Murder is Death.
Common Defenses to First Degree Murder are not Avaiable against Felony Murder Charges
Many of the defenses available to a defendant charged with malice aforethought murder are not available to a defendant chrged with felony murder. For example, self defense is avaiable to a person charged with malice aforethought murder if that person reasonably believed that the use of deadly force was necessary to protect himself/herself from imminent danger of death or great bodily harm.
However, if a person is charged with felony murder they are not entitled to self-defense, no matter how great the threat to their life was. For example, a person who kills a store clerk during a robbery is not allowed to argue in court that during th erobbery the clerk pulled out a gun and the feared for their lives. This makes felony murder charges more difficult to defend than a charge of malice aforethought murder.
Hiring a lawyer to Fight a First Degree Murder Charge
If you or a loved one is facing a murder or manslaughter charge you should read Hiring the Best Attorney to Fight your Murder Charge in Oklahoma and Tips for Hiring a Criminal Lawyer in Oklahoma before you hire a criminal defense lawyer.