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AGGRESSIVE TULSA ATTORNEYS COMMITTED TO OUR CLIENTS
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MURDERS

Murder is unique in that it abolishes the party it injures, so that society has to take the place of the victim and on his behalf demand atonement or grant forgiveness; it is the one crime in which society has a direct interest.
W.H. AUDEN, The Dyer's Hand

Murder is the oldest and gravest crime in the history of the world.  From the beginning of time people have killed each other for reasons to numerous to list, ranging from petty slights or insults to revenge and self defense. Murder affects not only the perpetrator and the victim but also friends, family and society as a whole.  The devastating effect of murder is the reason that the punishment for murder is so severe.  In Oklahoma there are only three possible punishments for Murder in the First Degree; Life, Life Without the Possibility of Parole and the Death Penalty.  The stakes are as high as they come if someone is facing a First Degree Murder charge and quality representation can be the difference between walking away free and spending life in prison.

Mark Cagle and Stephen Lee have dedicated their careers to representing people charged with violent crimes, especially murder.  During their careers Mark Cagle and Stephen Lee have represented over 20 individuals who have been charged with Murder with a high degree of success, including multiple acquittals at jury trial.

Whether it is a case of mistaken identity, self defense or even a case that just needs to be mitigated to obtain a lesser punishment Mark Cagle and Stephen Lee are the right attorneys for the job.  Mr. Cagle and Mr. Lee will craft a custom defense to the Murder charge that will give the accused individual the best result possible.

If you or a loved one is being accused of murder excellent representation is not only necessary it is essential.  In a Murder case the person being accused is literally fighting for their life and Mark Cagle and Stephen Lee know no bounds when it comes to fighting for their clients.  When you are in a fight for your life you want the best and the best is what you get when represented by Tulsa Murder attorneys Mark Cagle and Stephen Lee.

MURDER 1ST DEGREE

 21 O.S. 701.7 Murder in the First Degree

A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.

Elements of Murder in the First Degree

No person may be convicted of murder in the first degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, the death of a human;

Second, the death was unlawful;

Third, the death was caused by the defendant;

Fourth, the death was caused with malice aforethought.

Punishment for Murder in the First Degree

A person who is convicted of or pleads guilty or nolo contendere to murder in the first degree shall be punished by death, by imprisonment for life without parole or by imprisonment for life. A person who is convicted of or pleads guilty or nolo contendere to murder in the first degree, as described in subsection E of Section 701.7 of this title, shall not be entitled to or afforded the benefit of deferment of the sentence

FELONY MURDER IN THE FIRST DEGREE

21 O.S. 701.7 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 as provided in Section 1289.17A of this title, 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.

Elements of Felony Murder in the First Degree

No person may be convicted of murder in the first degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are

First, the death of a human;

Second, the death occurred as a result of an act or event which happened in the defendants commission/(attempted commission) of a/an
[forcible rape]
[robbery with a dangerous weapon]
[kidnapping] [escape from lawful custody]1
[eluding an officer] [first-degree burglary/arson]
[murder of a person other than the deceased]
[shooting/discharge of a firearm/crossbow with intent to kill a person other than the deceased]
[intentional discharge of a firearm/[specify other deadly weapon] into a dwelling/(building used for business/public purposes)][unlawful distributing or dispensing of controlled dangerous substances/(synthetic controlled substances)][trafficking in illegal drugs];
[(manufacturing)/attempting to manufacture) a controlled dangerous substance)];

Third, the elements of the crime of
[forcible rape]
[robbery with a dangerous weapon]
[kidnapping]
[escape from lawful custody] 1
[eluding an officer]
[first-degree burglary/arson]
[murder of a person other than the deceased]
[shooting/discharge of a firearm/crossbow with intent to kill a person other than the deceased]
[intentional discharge of a firearm/[specify other deadly weapon] into a dwelling/(building used for business/public purposes)]
[unlawful distributing or dispensing of controlled dangerous substances/(synthetic controlled substances)]
[trafficking in illegal drugs]
[(manufacturing)/(attempting to manufacture) a controlled dangerous substance)]

that the defendant is alleged to have been in the commission of are as follows:
[Give Elements of Underlying Felony]

Punishment for Murder in the First Degree

A person who is convicted of or pleads guilty or nolo contendere to felony murder in the first degree shall be punished by death, by imprisonment for life without parole or by imprisonment for life. A person who is convicted of or pleads guilty or nolo contendere to murder in the first degree, as described in subsection E of Section 701.7 of this title, shall not be entitled to or afforded the benefit of deferment of the sentence.

MURDER IN THE SECOND DEGREE

 21 O.S 701.8 Murder in the Second Degree

Homicide is murder in the second degree in the following cases:

1. When perpetrated by an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual; or

Elements of Murder in the Second Degree

No person may be convicted of murder in the second degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, the death of a human;

Second, caused by conduct which was imminently dangerous to another/other person(s);

Third, the conduct was that of the defendant(s);

Fourth, the conduct evinced a depraved mind in extreme disregard of human life;

Fifth, the conduct is not done with the intention of taking the life of any particular individual.

You are further instructed that a person evinces a "depraved mind" when he engages in imminently dangerous conduct with contemptuous and reckless disregard of, and in total indifference to, the life and safety of another.

You are further instructed that "imminently dangerous conduct" means conduct that creates what a reasonable person would realize as an immediate and extremely high degree of risk of death to another person.

 Punishment for Murder in the Second Degree

 A person who is convicted of or pleads guilty or nolo contendere to murder in the second degree shall be guilty of a felony punishable by imprisonment in a state penal institution for not less than ten (10) years nor more than life.

FELONY MURDER IN THE SECOND DEGREE

21 O.S 701.8 Felony Murder in the Second Degree

When perpetrated by a person engaged in the commission of any felony other than the unlawful acts set out in Section 1, subsection B, of this act.

Element of Felony Murder in the Second Degree

No person may be convicted of murder in the second degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, the death of a human;

Second, occurring as a result of an act or event which happened in the commission of a felony;

Third, caused by [the defendant(s)]/[a person engaged with the defendant(s)] while in the commission of a felony;

Fourth, the elements of the [Specify Underlying Felony] defendant(s) is/are alleged to have been in the commission of are as follows:

[Give Elements of Underlying Felony]

Punishment for Felony Murder in the Second Degree

A person who is convicted of or pleads guilty or nolo contendere to murder in the second degree shall be guilty of a felony punishable by imprisonment in a state penal institution for not less than ten (10) years nor more than life.


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