Oklahoma Homicide Crimes Defense

When you’re facing an Oklahoma homicide accusation, everything changes quickly. Prosecutors may start talking about life in prison, or even the death penalty, before you’ve had time to catch your breath. This page gives you a big-picture roadmap of major homicide and murder-related categories in Oklahoma and how those groups of crimes are different. Each category and crime here connects to more detailed pages focused on specific offenses, defenses, and penalties.

Accused of an Oklahoma Homicide Crime? Talk to a Lawyer

If you’ve been accused of homicide or murder-related crimes in Oklahoma, reach out for a free consultation. You can call us at 405-633-3420 or use our secure online form.

Quick Links

• How Oklahoma law treats homicide and murder-related crimes
• Purposeful / knowing homicide (intent-focused)
• Death tied to another offense (felony- and misdemeanor-based homicide)
• Unintentional but blameworthy killings
• No-death-required murder-related offenses
• Defense strategies for Oklahoma homicide cases
• What to do if you’re investigated or arrested
• Oklahoma homicide defense FAQs

How Oklahoma Law Treats Homicide and Murder-Related Crimes

Oklahoma’s homicide laws sit mainly in Title 21 of the Oklahoma Statutes and divide killings into different buckets based on intent, risk, and whether another crime was happening at the same time. You’ll see charges ranging from first-degree murder down to negligent homicide, plus separate offenses for planning or helping with a killing even when no one dies. Because the same incident can be framed several different ways, the first battle is often over which category the case truly belongs in.

At a high level, Oklahoma homicide and murder-related charges fall into four big groups: purposeful or knowing killings, deaths tied to other offenses, unintentional but blameworthy killings, and “murder-related” crimes that don’t require a death at all. Each group has its own mental-state rules, proof requirements, and penalty ranges, and that’s where a focused defense can push the state’s theory down or out of homicide territory altogether.

Purposeful / Knowing Homicide (Intent-Focused)

This group covers cases where the state claims you meant to kill or acted during a heated, emotional moment that turned deadly. What these crimes have in common is a focus on your mental state at the time of the killing and whether there was a genuine intent to take a life or a sudden passion that overwhelmed your judgment. Defense work here often targets that mental-state story, raises self-defense, and looks for ways to reduce an “intent-to-kill” theory to something less serious.

• First-Degree Murder — 21 O.S. § 701.7(A): This statute covers killings with “malice aforethought,” which means the state claims you had a deliberate intent to take a life. A defense strategy focuses on attacking proof of intent, raising self-defense, or pushing down to a lesser homicide charge.
• First-Degree Manslaughter (Heat of Passion) — 21 O.S. § 711(2): This offense involves a killing in the “heat of passion” without a design to effect death, often during a sudden fight or emotional confrontation. Your lawyer may argue that the facts fit this lesser category instead of murder, or that your actions were justified or excusable.

Death Tied to Another Offense (Felony- and Misdemeanor-Based Homicide)

In this group, the focus shifts from pure intent-to-kill to whether a death happened during another crime. These are the “felony murder” and “misdemeanor manslaughter” style charges, where the underlying offense acts as the engine for the homicide allegation. What they share is the idea that you can be punished for a killing even if you didn’t plan it, as long as the state ties the death to a felony or misdemeanor you’re accused of committing.

Because so much rides on the underlying crime, a major defense theme in these cases is challenging whether that predicate offense actually happened, whether it was still in progress, and whether it really caused the death. If your attorney weakens that foundation, the felony- or misdemeanor-based homicide theory can start to collapse.

• First-Degree Murder (Felony Murder) — 21 O.S. § 701.7(B): This statute applies when a death occurs during or as a result of certain listed felonies, like robbery or kidnapping. Even if someone else caused the fatal injury, the state can try to hold you responsible if they say you were part of the underlying felony.
• Second-Degree Murder (Felony Murder) — 21 O.S. § 701.8(2): Here, the allegation is that the death happened during a non-listed felony. Your defense may target the choice of predicate felony, the timing of the events, and whether the death truly flowed from that crime.
• First-Degree Manslaughter (Misdemeanor Homicide) — 21 O.S. § 711(1): This covers deaths that occur during the commission of a misdemeanor. You may be able to fight the alleged misdemeanor, argue that it ended before the death, or show that the fatal result was unforeseeable under Oklahoma law.

Unintentional but Blameworthy Killings in Oklahoma

This group covers situations where the state says you didn’t mean to kill, but your conduct was so dangerous, reckless, or negligent that you should be held criminally responsible for the death. These cases often involve claims of a “depraved mind,” culpable negligence, risky driving, or special professional and animal-related situations. The common thread is that prosecutors try to turn a tragic outcome into a crime by focusing on the level of risk you allegedly created.

Strong defense strategies in this category dig into what you actually knew, what a reasonable person would have done, and whether other factors—like the victim’s health, another driver, or a sudden emergency—broke the causal chain. If the state can’t prove that your conduct truly crossed the line into criminal negligence or recklessness, the homicide label can be challenged.

• Second-Degree Murder (Depraved Mind) — 21 O.S. § 701.8(1): This statute applies to an “imminently dangerous” act showing a depraved mind, without a specific intent to kill a particular person. Your lawyer may argue that your behavior wasn’t that extreme or that the evidence doesn’t support a depraved mindset.
• Second-Degree Manslaughter — 21 O.S. § 716: Often a catch-all, this covers unlawful killings that don’t fit murder or first-degree manslaughter categories. Defense efforts usually center on whether any “culpable negligence” really existed or whether the death was a non-criminal accident.
• Negligent Homicide (Vehicle) — 47 O.S. § 11-903: This offense involves a death from negligent driving that doesn’t rise to murder or manslaughter. Challenging accident reconstruction, road conditions, and other drivers’ actions can be key parts of your defense.
• First-Degree Manslaughter (Intoxicated Physician) — 21 O.S. § 712: This statute targets deaths caused during an operation by a physician under the influence of alcohol or drugs. Independent medical and toxicology experts often play a major role in testing the state’s claims.
• Second-Degree Manslaughter (Mischievous Animal) — 21 O.S. § 717: This law applies when a dangerous or mischievous animal causes a death and the owner knew its tendencies. Your lawyer may dispute what you knew, what precautions you took, and whether other people’s actions caused the tragedy.

No-Death-Required Murder-Related Offenses in Oklahoma

In this final group, Oklahoma doesn’t even need a death to charge you with a serious, homicide-related crime. These offenses revolve around planning, attempting, or assisting after a planned killing and often carry long prison terms. What they share is a focus on intent and involvement in a potential or completed murder, instead of on an actual fatality.

In these cases, the state leans heavily on text messages, social media, informants, undercover officers, and digital evidence to build a narrative around your supposed role. A strong defense pushes back on that story, challenges witness credibility, and highlights alternative explanations for your words or actions.

• Solicitation for Murder in the First Degree — 21 O.S. § 701.16: You can face this charge if the state claims you asked or encouraged someone else to commit first-degree murder, even if no killing happens. Context, credibility, and intent all become central issues.
• Conspiracy to Commit Murder — 21 O.S. § 421: This offense targets an alleged agreement to commit murder plus an overt act toward that goal. Your defense may attack whether any real agreement existed or whether the supposed acts were innocent behavior.
• Attempted Murder — 21 O.S. §§ 42 and 44: Here, the state claims you intended to kill and took a substantial step toward it, but no one died. A key defense angle is often whether your conduct shows intent to kill or supports only a lesser assault charge.
• Poison with Intent to Kill — 21 O.S. § 651: This statute covers putting poison or another harmful substance into something with the intent to kill. Your attorney may challenge the lab evidence, the alleged substance, and any claimed motive.
• Accessory After the Fact (Including to Murder) — 21 O.S. §§ 173 and 175: You can be charged if the state says you helped someone avoid arrest or punishment after a crime, including murder. The defense usually focuses on what you actually knew and whether your actions truly helped anyone flee justice.

Defense Strategies for Oklahoma Homicide & Murder-Related Charges

Every homicide case is different, but certain defense themes appear again and again in Oklahoma murder, manslaughter, negligent-homicide, and murder-related prosecutions. A systematic, evidence-driven approach gives you the best chance to protect your freedom and your future.

• Challenging identity and eyewitness reliability, including lighting, stress, cross-racial identification, and suggestive procedures.
• Attacking claims of “malice aforethought,” “depraved mind,” or intent to kill by highlighting a different mental state, self-defense, or simple accident.
• Raising self-defense, defense of others, or defense-of-home arguments when Oklahoma’s justified-force laws support your actions.
• Disputing causation and medical conclusions about how and why the victim died, especially when there are preexisting health conditions or delays.
• Challenging the alleged predicate felony or misdemeanor in felony-murder and misdemeanor-manslaughter cases.
• Moving to suppress illegally obtained statements, searches, and digital evidence when officers violate your constitutional rights.
• Using independent experts on ballistics, DNA, toxicology, accident reconstruction, or mental health to counter the state’s story.
• Negotiating for reduced charges or alternative resolutions when appropriate, while still preparing as if the case will go to trial.

What to Do If You’re Investigated or Arrested for Homicide in Oklahoma

If detectives want to “just talk” about a death, you’re already in a high-risk situation. What you say and do in those early moments can shape your entire case, so you need a clear plan before you deal with law enforcement.

1. Stay calm and avoid making statements to police without a lawyer, even if you feel you’ve done nothing wrong.
2. Clearly invoke your right to counsel and stop answering questions until you’ve spoken with an attorney.
3. Preserve possible evidence, such as texts, call logs, photos, and names of witnesses who can help your defense.
4. Avoid posting about the situation on social media or in messages that could later be used against you.
5. Contact an experienced Oklahoma homicide defense attorney as soon as possible so they can start dealing with detectives and protecting your rights.
6. Follow your lawyer’s advice about bond, no-contact orders, and conditions of release so you don’t create new problems while the case is pending.

If you or someone close to you is under investigation or has been charged with any Oklahoma homicide or murder-related crime, don’t wait to get legal help. Reach out to The Urbanic Law Firm for a confidential consultation at 405-633-3420 or fill out our secure online form.

Oklahoma Homicide Defense FAQs

This page is for informational purposes only and is not legal advice. Every case is unique; consult an attorney about your specific situation. Page last updated December 22, 2025. Consult the statutes listed above for the most up-to-date law.