Defenses for the felony murder rule in Oklahoma will vary based on the specific charges. The felony murder rule in Oklahoma holds individuals criminally responsible for a murder that occurs during the commission of certain felonies, even if they did not directly cause the death. While this law is designed to deter violent felonies, it can lead to severe consequences for individuals who may not have intended for someone to die.
Understanding the Felony Murder Rule in Oklahoma
Under Oklahoma law, felony murder occurs when a person causes the death of another while committing or attempting to commit a felony, such as:
- Robbery
- Burglary
- Rape
- Kidnapping
- Arson
- Escape from custody
Your criminal defense attorney will point out that the prosecution does not need to prove intent to kill; it is enough that the death occurred during the commission of the felony. Because of this strict standard, it’s important to present a strong defense.
Defenses to the Felony Murder Rule
While exact defenses will vary from case to case, some potential options include:
- Lack of Participation in the Underlying Felony
If the defendant did not participate in the felony leading to the death, they cannot be responsible for felony murder. For example, merely being present at the scene without contributing to the crime could be a defense. - Lack of Knowledge About the Felony
The defendant may challenge their involvement if they were unaware that a felony took place. For example, they could argue they lacked the required intent if they were unwittingly involved in a situation where a co-defendant committed a felony. - Self-Defense or Defense of Others
If the defendant acted in self-defense or defense of another during the felony, they might argue that their actions were justified, negating their culpability for the death. - Insufficient Evidence
The prosecution bears the burden of proving all elements of felony murder beyond a reasonable doubt. A lack of evidence connecting the defendant to the felony or the death can serve as a defense.
Felony murder convictions can result in severe punishments, often including life imprisonment without parole. An attorney can analyze your case and raise any applicable defenses.
Tulsa Criminal Defense Lawyers
Defending against felony murder charges in Oklahoma requires a strategic approach that’s tailored to your situation. While the law imposes strict punishments for deaths during the commission of certain felonies, having a strong defense can help. If you or a loved one are facing felony murder charges, our team at Tulsa County Lawyers Group is here. Contact us today by calling (918) 379-4864 or reach us online for a consultation.
