Understanding Premeditation and Its Legal Implications
Let’s talk about premeditation. What does that look like? Hi, my name is Carl Birkhead. I’m a Tulsa criminal defense attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now, and I want to help you make law easy by just talking a little bit about what it means for your conduct to be premeditated.
What’s the Difference Between a Crime of Passion and Premeditated Murder?
This question comes up a lot, especially when comparing charges like first-degree murder versus second-degree manslaughter. The key difference usually comes down to intent and timing.
Premeditated crimes involve some level of planning or forethought, even if it’s only for a short period. Crimes of passion, on the other hand, happen in the heat of the moment, before someone has had the chance to cool off and think clearly.
Let me give you an example. Say you walk in on your spouse cheating and immediately act out violently. That’s likely to be considered a crime of passion. But if you find out while at work, drive home thinking about what you’re going to do, and then act? That’s premeditation. Even a few minutes, or just a pause long enough to take a few breaths, can be enough to show you had time to cool off and make a conscious decision.
The Importance of Timing in Premeditated Charges
It doesn’t take weeks of planning to be charged with premeditated murder. All it takes is a moment when you had the chance to stop, think, and still chose to go forward.
That cooling-off period is often the legal dividing line between manslaughter and murder. If you’re ever in a situation where you’re so angry you don’t trust your reaction, walk away. Take a breath. Because what happens in that next moment could change everything.
Why Legal Guidance Matters
My name is Carl Birkhead. I’m a Tulsa felony attorney with Wirth Law Office, and I want to help you make law easy.
Let’s Discuss Your Case: Low-Cost Initial Strategy Session
If you find yourself facing legal charges or need clarity on how premeditation may affect your situation, I invite you to contact me for a strategy session. It’s important to understand your options and build a strong defense. Call me at 918-879-1681, and let’s discuss how I can assist you with your legal needs.
