An Oklahoma City woman is facing charges on second degree murder after providing her daughter’s boyfriend with a Fentanyl patch, resulting in his overdose. The DA was able to charge her with second degree murder because she acted in a way that was “reckless” and “disregarded human life” due to the potential of death. Some people argue this is a manslaughter case at best. However, this article will explain more about second degree murder and why this charge is available against this woman.
Requirements of Second Degree Murder
Under the Oklahoma Statutes, Title 21 §701.8 provides the elements the State must meet in order the receive a conviction. These are:
- You take actions that could kill or endanger the life of another person;
- Without intentions to actually cause the death of that person; BUT
- With a depraved mind or recklessly disregarding the life of the person. OR
- You are committing a felony crime when a person dies accidentally in the process.
Essentially, this means that you do not plan on a person dying from your actions. However, someone does die and your illegal or depraved actions are the cause of it.
Sentencing for Second Degree Convictions
Oklahoma law has some the harshest punishments in the nation. This is especially true for capitol crimes such as murder and rape. For a second degree murder conviction in Oklahoma you can expect a sentence of no less than 10 years in jail. However, you may face life imprisonment. If your crime is severe enough, or you have other violent convictions in your past, you may not be eligible for parole.
Oklahoma City Drug Crimes? SEE OUR BLOG DRUG PARAPHERNALIA.
OKC Defense Attorneys
If you find yourself facing a second degree murder charge, we highly recommend you hire legal counsel to defend yourself. This is a serious charge that cannot be defended against without proper research and skill. Our attorneys understand that there are many sides and reasons to every incident. Our offices offer you a free consultation to clients looking for representation.