Have you been arrested or charged with homicide in Oklahoma City, Oklahoma? Overman Legal Group can help when you call (405) 605-6718. We offer a free consultation with an experienced Oklahoma City homicide lawyer who can protect your rights and begin building your defense as soon as possible.
A homicide conviction can result in severe penalties, including lengthy prison sentences, life imprisonment, or, in some cases, the death penalty. Our criminal defense team has decades of courtroom experience handling serious felony cases throughout Oklahoma and is prepared to fight for the best possible outcome.
Why Choose Overman Legal Group to Help Me If I’ve Been Accused of Homicide in Oklahoma City?
Homicide charges are among the most serious criminal offenses under Oklahoma law. Successfully defending these cases requires extensive trial experience and the ability to challenge the prosecution’s case. At Overman Legal Group, we understand what’s at stake and are committed to providing every client with a vigorous defense.
Clients throughout Oklahoma City, OK, trust our firm because:
- Our team brings more than 40 years of criminal defense experience to every case.
- Attorney Clayburn Curtis has been recognized with the Clarence Darrow Award, presented annually to Oklahoma’s top criminal defense attorney.
- Our legal team includes a former assistant district attorney who understands how prosecutors investigate, prepare, and try serious felony cases.
- We have extensive courtroom experience and are prepared to take homicide cases to trial when necessary.
- Our firm has earned hundreds of positive client reviews from individuals we have helped throughout Oklahoma.
When you are facing allegations that could affect the rest of your life, choosing the right defense attorney matters. Contact us today to schedule a free consultation with an experienced Oklahoma City criminal defense attorney.
What Is Homicide in Oklahoma?
Homicide is the killing of another person. Not every homicide is a crime, however. Some killings may be legally justified, such as those committed in lawful self-defense. When prosecutors believe a death resulted from unlawful conduct, they may pursue homicide charges.
First-Degree Murder
First-degree murder is the most serious homicide offense in Oklahoma and is punishable as a class Y felony offense. It generally involves intentionally and with malice causing another person’s death or causing a death during the commission of certain felony offenses.
Prosecutors may also pursue a first-degree murder charge under Oklahoma’s felony murder rule when a death occurs during the commission or attempted commission of certain violent felonies, even if the defendant did not intend to kill anyone.
Second-Degree Murder
Second-degree murder is a Class A1 felony that generally applies when the circumstances do not meet the legal requirements for first-degree murder. It may involve conduct that is imminently dangerous to another person and demonstrates a depraved mind without a premeditated intent to kill.
Unlike first-degree murder, second-degree murder does not require proof of malice aforethought. Instead, prosecutors must prove the defendant’s conduct satisfies Oklahoma’s statutory definition of second-degree murder.
First-Degree Manslaughter
First-degree manslaughter is a Class A2 felony that generally involves a death occurring under circumstances that make the offense less serious than murder. This charge often applies when a killing occurs in the heat of passion after adequate provocation or during the commission of a misdemeanor.
A first-degree manslaughter charge may also apply when a homicide is committed unnecessarily while resisting an attempt to commit a crime or after excessive force is used in otherwise lawful self-defense.
Second-Degree Manslaughter
Second-degree manslaughter is a Class B5 felony involving a death caused by criminal negligence or other unlawful conduct that does not rise to the level of murder or first-degree manslaughter. Unlike murder charges, second-degree manslaughter generally does not involve an intentional killing.
Instead, this offense typically involves a death caused by culpable negligence, meaning conduct that goes beyond ordinary carelessness and demonstrates a disregard for the safety of others.
Excusable Homicide
Not every homicide is a criminal offense. Oklahoma law recognizes excusable homicide in limited circumstances, such as when a death occurs by accident and misfortune while performing a lawful act with ordinary caution and without unlawful intent.
A homicide may also be considered excusable if it occurs during a sudden confrontation without the use of a dangerous weapon and without a cruel or unusual manner of killing.
Justifiable Homicide
Oklahoma law also recognizes justifiable homicide, meaning a killing that is legally permitted under certain circumstances. For example, a homicide may be justified when committed in lawful self-defense or in defense of another person if the use of deadly force is authorized under Oklahoma law.
Whether a homicide is legally justified depends on the specific facts and circumstances surrounding the incident.
What Are the Penalties for Homicide in Oklahoma City, Oklahoma?
The penalties for homicide depend on the offense charged and the facts of the case. A conviction can result in severe criminal penalties and lasting consequences that affect nearly every aspect of your life.
Imprisonment and Fines
Depending on the specific homicide charge, you may face penalties such as:
- Years or decades in state prison
- Life imprisonment
- Life imprisonment without the possibility of parole
- The death penalty for certain first-degree murder convictions
- Significant fines, court costs, and restitution when authorized by law
The sentence imposed will depend on the offense, the circumstances of the case, and other factors considered by the court.
Collateral Consequences
A homicide conviction can also result in long-term consequences beyond incarceration, including:
- A permanent felony record
- Loss of firearm rights
- Difficulty finding employment or housing
- Suspension or loss of certain professional licenses
- Damage to your personal and professional reputation
- Immigration consequences for non-citizens
- Loss of certain civil rights
These collateral consequences can continue to affect your life long after your criminal case has ended, making it critical to mount a strong defense from the outset.
What Must the Prosecutor Prove in a Homicide Case?
The prosecution has the burden of proving every element of a homicide charge beyond a reasonable doubt.
Depending on the offense, prosecutors may need to establish:
- A death occurred
- The defendant caused the victim’s death
- The defendant acted with the mental state required under Oklahoma law
- The killing meets the legal elements of the charged offense
To meet this burden, prosecutors may rely on witness testimony, forensic evidence, surveillance footage, DNA evidence, medical records, and statements made by the accused. An experienced defense attorney can evaluate this evidence and challenge whether the prosecution has proven its case.
What Defenses Can Be Raised If I’m Accused of Homicide?
Every homicide case is unique, and the strongest defense depends on the facts surrounding the alleged offense.
Potential defenses may include:
- Self-defense
- Defense of another person
- Accident
- Lack of intent
- Mistaken identity
- Alibi
- Insufficient evidence
- Violations of the defendant’s constitutional rights
The right defense strategy can make a significant difference in the outcome of your case. An experienced homicide attorney can evaluate the evidence and determine which defenses may apply.
What Should I Do If I’m Being Investigated or Arrested for Homicide?
If you are being investigated or have been arrested for homicide, the actions you take can have a significant impact on your case. Even if you believe you can explain what happened, it is important to protect your rights and avoid making statements that could be used against you.
If you are facing a homicide investigation or arrest, you should:
- Remain calm and avoid resisting arrest.
- Exercise your right to remain silent and avoid answering questions without an attorney present.
- Do not consent to searches unless required by law.
- Avoid discussing your case with family, friends, or on social media.
- Preserve any evidence or information that may support your defense.
- Contact an Oklahoma criminal defense lawyer as soon as possible.
The earlier you involve an attorney, the sooner they can begin protecting your interests and preparing your case.
How a Criminal Defense Attorney Can Help If You’ve Been Accused of Homicide
A homicide investigation often begins long before a case reaches trial.
An experienced defense attorney can protect your rights throughout every stage of the criminal process by:
- Conducting an independent investigation
- Reviewing forensic and physical evidence
- Interviewing witnesses
- Challenging unreliable or unlawfully obtained evidence
- Negotiating with prosecutors when appropriate
- Preparing your case for trial
- Protecting your constitutional rights throughout the proceedings
The earlier you hire a criminal defense attorney, the sooner they can begin building your defense and working to achieve the best possible outcome.
Schedule a Free Case Evaluation With Our Homicide Defense Lawyer
A homicide charge in Oklahoma City, OK, is one of the most serious criminal accusations a person can face. Depending on the circumstances, it may involve charges ranging from manslaughter to first-degree murder, each carrying different legal elements and potential penalties. Overman Legal Group is here for you if you’ve been accused.
A conviction can result in lengthy prison sentences and other lasting consequences. Because every case is different, the evidence, the applicable law, and the specific facts surrounding the alleged offense all play an important role in how a homicide case is resolved. For help, reach out today to schedule a free consultation with an Oklahoma City homicide attorney.
