Homicide is the act of one human being killing another, according to Oklahoma Law. Oklahoma Statute Title 21 (§21-691) classifies homicides as either unlawful (criminal) or lawful. Criminal homicide includes first degree murder, second degree murder, first degree manslaughter, second degree manslaughter, and negligent homicide. Lawful homicide includes justifiable homicide and excusable homicide. A criminal defense attorney assists individuals facing charges of homicide.
What is Homicide?
Homicide occurs when one person causes the death of another person. Homicide encompasses both lawful and unlawful killings. A homicide is classified as lawful or unlawful depending on the circumstances surrounding the victim's death. The legal consequences associated with committing a homicide vary depending on the classification of the crime as a murder, manslaughter, justifiable homicide, or excusable homicide. The type of charges brought against a defendant in a homicide case are based on the circumstances and the intent behind the act.
What is Criminal Homicide?
Criminal homicide includes first degree murder, second degree murder, first degree manslaughter and second degree manslaughter. Criminal homicide is defined in Oklahoma law (Statute 21).
What is Murder in the First Degree?
First degree murder is a homicide committed with deliberate and premeditated intent, or under specific circumstances such as causing the death of another person while committing certain felonies such as arson, burglary, or robbery; killing a law enforcement officer; hiring another person to commit murder; or engaging in serial killings. A conviction on first degree murder charges in Oklahoma carries the most severe penalties including the death penalty and imprisonment for life without parole. Oklahoma murder laws are outlined in Oklahoma Statute 21 OK Stat § 701.7.
What is Murder in the Second Degree?
Second degree murder is a homicide that occurs without premeditation, but with an inherently dangerous act that demonstrates a disregard for human life, or during the commission of a felony that is not specified under Oklahoma’s first degree murder law.
Oklahoma homicide laws punish those convicted of second degree murder with imprisonment for a term of not less than ten (10) years.
What is the Difference Between Homicide and Murder?
Homicide refers to the act of one human being killing another. The term homicide encompasses both the legal (justifiable or excusable) killing of another person, and illegal (murder or manslaughter). Murder specifically refers to the unlawful killing of another with premeditation or during the commission of a felony.
What is Manslaughter in the First Degree?
Manslaughter in the first degree is a homicide that occurs under the following circumstances.
- Without intent to cause death during the commission of a misdemeanor
- In the heat of passion, without intent to kill, but executed in a cruel and unusual manner or with a dangerous weapon (unless it is considered excusable or justifiable homicide)
- When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt has failed.
In Oklahoma, conviction on charges of first degree manslaughter can result in imprisonment for not less than four years.
What is Manslaughter in the Second Degree?
Manslaughter in the second degree is a homicide that occurs when one person is killed due to the act, procurement or culpable negligence of another, and when the killing is not considered murder, first degree manslaughter, excusable homicide, or justifiable homicide under Oklahoma law.
What is the Difference Between Homicide and Manslaughter?
The difference between homicide and manslaughter in the state of Oklahoma rests on the intent and circumstances of the act. Homicide refers to any killing of one person by another and includes both lawful and unlawful homicide. Manslaughter is a type of unlawful homicide in which the killing occurs without malice aforethought, as a spontaneous act of violence in the heat of passion or as a result of reckless behavior.
What is Negligent Homicide?
Negligent homicide, or “vehicular manslaughter”, is the death of a person resulting from another person operating a vehicle (car, boat, jet ski, etc) with reckless disregard for the safety of others. The death that leads to negligent homicide charges can occur up to one (1) year after the injury which resulted from the reckless operation.
Negligent homicide is considered a misdemeanor in Oklahoma. Unlike criminal homicide and lawful homicide, the negligent homicide law is defined in Oklahoma’s vehicle code, rather than the criminal code.
What is Lawful Homicide?
Oklahoma law defines two (2) types of lawful homicide including excusable homicide and justifiable homicide. The State of Oklahoma looks at the circumstances of the crime to help determine if a homicide is excusable or justifiable. The specific statutes and legal interpretations of what constitutes lawful homicide can be found in the Oklahoma Statutes Title 21, Chapter 53.
What is Excusable Homicide?
Excusable homicide charges are brought when the circumstances of a homicide include the following characteristics.
- When the homicide is committed by accident and misfortune in doing any lawful act, by lawful means, with usual and ordinary caution, and without any unlawful intent.
- When homicide is committed by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat provided that no undue advantage is taken, nor any dangerous weapon used, and that the killing is not done in a cruel or unusual manner.
What is Justifiable Homicide?
Justifiable homicide charges are brought against a defendant when the circumstances of a homicide include the following characteristics.
- When resisting any attempt to murder such person, or to commit any felony upon him, or upon or in any dwelling house in which such person is; or,
- When committed in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant, when there is a reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and imminent danger of such design being accomplished; or,
- When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace.
Justifiable homicide is commonly associated with homicides involving self-defense.
What is the Legal Defense for Homicide Charges in Oklahoma?
The legal defense for homicide charges in the state of Oklahoma vary depending on the types of charges brought by the prosecution, and the circumstances of the case. Individuals facing homicide charges in the state of Oklahoma should secure the services of a criminal defense attorney. An Oklahoma homicide defense attorney offers legal representation and counsel, develops a defense strategy based on the evidence of the case, negotiates with prosecutors, participate in the jury selection process, coordinates witnesses, and prepares and files all necessary legal documentation.
