Murder, Manslaughter, and Homicide Defense
Oklahoma Murder Charges
The Wyatt Law Office represents those accused of violent crimes including Oklahoma murder charges, manslaughter, and other forms of homicide (death of another). Our lawyers are familiar with the law, the defenses to these crimes, and with the criminal justice system. Whether you are guilty and need to negotiate a plea or you simply want a jury trial (whether innocent or guilty), we will defend you. Your future is our business.
Oklahoma murder charges are unlike any other criminal case. The Wyatt Law Office represents those charged with murder, manslaughter, or negligent homicide. These various categories of homicide are all remarkable in society and the law. Handling homicide cases requires the ability to separate the emotional issues from the factual and legal issues and the ability to communicate with the D.A., the victim’s family and the client’s family — which requires a delicate balance. A detailed analysis of the homicide laws and application of them to the facts is a must — no two homicide cases are alike.
Knowledge of the defenses to homicide and critical thinking are required. Experience with forensic science, investigation resources, research ability, understanding of sentencing structure (life, life without parole and death), jury research and rapport, and presentation are all necessary to try a homicide to a jury in an effective manner.
Mr. Wyatt has the experience and qualifications in each these areas. Having worked more than a dozen homicides (including the OKC Bombing) and researched the issues in both federal and state venues gives the Wyatt Law Office an edge. We also have relationships with numerous experts in the applicable forensic sciences and the ability to locate and interview fact and expert witnesses as needed. Mr. Wyatt is representing three clients with Oklahoma murder charges right now.
Capital Murder is charged in cases of first degree murder with aggravating circumstances. If the District Attorney files a “Bill of Particulars” outlining aggravating circumstances, a jury may consider the death penalty. Those aggravators shall include that:
- The defendant was previously convicted of a felony involving the use or threat of violence to the person;
- The defendant knowingly created a great risk of death to more than one person;
- The person committed the murder for remuneration or the promise of remuneration or employed another to commit the murder for remuneration or the promise of remuneration;
- The murder was especially heinous, atrocious, or cruel;
- The murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution;
- The murder was committed by a person while serving a sentence of imprisonment on conviction of a felony;
- The existence of a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society; or
- The victim of the murder was a peace officer as defined by Section 99 of this title, or correctional employee of an institution under the control of the Department of Corrections, and such person was killed while in performance of official duty.
First Degree Murder
There are two types of first degree murder: (1) malice murder; and (2) during the commission of a felony.
Malice Murder (Intentional)
Malice Murder in the first degree is the deliberate, intentional killing of another human being with premeditation or malice aforethought. Malice or intent can be formed in an instant. It does not necessarily require “planning.” Malice can be proven by external circumstances such as words, conduct, demeanor, motive, etc.
The punishment for Oklahoma murder charges in the first degree is death, life in prison without the possibility of parole or life in prison and is an 85% crime — meaning that at least 85% of any punishment must be served before parole.
Felony Murder in the First Degree
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, 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.
The punishment range is still death, life in prison without the possibility of parole or life in prison.
Second Degree Murder
Unintentional Killing by Dangerous Acts
Murder in the second degree is the killing of another human being by acts that are imminently dangerous but without any premeditated intent to kill another.
Second Degree Felony Murder
If the death of a human occurs during the commission of a felony other than those listed above for “Felony Murder in the First Degree,” then it is murder in the second degree.
The punishment for murder in the second degree is 10 years to life in prison with 85% punishment.
All degrees of murder are 85% crimes; therefore, if convicted, the client must serve 85% of any sentence given before becoming eligible for parole. A life sentence is generally treated as 45 years by the Oklahoma Pardon & Parole Board.
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Murder & Homicide Lawyers and Attorneys.
There are two degrees of manslaughter.
First Degree Manslaughter
There are two types of first degree manslaughter: (1) during heat of passion; and (2) during the commission of a misdemeanor.
Manslaughter in the First Degree by Heat of Passion
The unintentional killing of a human being while in a heat of passion (i.e., during a fight that gets out of hand or finding your spouse in bed with someone else).
First Degree Manslaughter by Misdemeanor Manslaughter
The killing of another human being while committing a misdemeanor but without the intent to kill the person, or
The range of punishment for first degree manslaughter is 4 years to life in prison. If convicted of First degree manslaughter, the client must serve 85% of any sentence given before becoming eligible for parole. A life sentence is generally treated as 45 years by the Oklahoma Pardon & Parole Board.
Second Degree Manslaughter
The killing of another human being by one’s acts or negligence that is not murder or manslaughter in the first degree is manslaughter in the second degree.
The range of punishment for second degree manslaughter is 2 years to 4 years in prison.
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Manslaughter Lawyers and Attorneys to defend you.
Negligent homicide is the death of a person caused by the driving of a vehicle by a person in reckless disregard for the safety of others.Negligent homicide is a misdemeanor that carries up to one year in jail and/or a fine of $1,000. Note that a death occurring during a DUI offense could be filed as murder or manslaughter depending on the circumstances.Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Negligent Homicide Lawyers and Attorneys.
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Violent Crimes Lawyers and Attorneys to defend you.
Homicide may be charged in state or federal court. Generally it is a state crime unless it occurred on federal property (such as a military base, post office or Indian land). We have defended those accused of homicide in both state and federal courts and have extensive experience in both courts. We know the differences between the two systems of justice and are prepared to help you.
Experienced Murder, Manslaughter & Homicide Defense Lawyers
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Murder, Manslaughter and Homicide Lawyers and Attorneys. Your future is our business.
*Note: Results may vary because each case must be decided on its own unique facts and the law applicable to that given case. You should not infer the likelihood of success on a given case based on past cases handled by this firm.
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