Oklahoma law defines manslaughter as the unlawful killing of a human being without malice aforethought. Manslaughter charge are categorized into different degrees including first degree (voluntary) manslaughter and second degree (involuntary) manslaughter. The degree of charges levied against a defendant by the prosecution are dependent upon the circumstances of the killing. First degree manslaughter is a felony offense and is defined in Oklahoma statute Title 21 Section 711. Second degree manslaughter is a felony and is outlined in Oklahoma statute Title 21 Section 716. The punishment for a conviction on charges of manslaughter include prison sentences from two years to life.
Manslaughter is a type of homicide that that involves the unlawful killing of another person. Manslaughter charges are differentiated from murder charges in that manslaughter lacks the intent to cause death, while murder involves intent and premeditation. The manslaughter legal defense strategies utilized by criminal defense attorneys are dependent upon the circumstances of the crime and the evidence available.
What Are the Degrees of Manslaughter in Oklahoma?
In Oklahoma, manslaughter is categorized into first-degree and second-degree manslaughter. First-degree manslaughter involves killings that occur during the heat of passion, the commission of a misdemeanor, or justifiable self-defense with excessive force. Elements of first degree manslaughter include a lack of premeditation and specific mitigating circumstances. Penalties can include up to life imprisonment. Second-degree manslaughter involves unintentional killings due to criminal negligence or reckless conduct without intent to kill. Elements include a lack of intent and gross negligence. Penalties typically include imprisonment for 2 to 4 years.
First Degree Manslaughter
In Oklahoma, first-degree manslaughter is defined under Oklahoma Statutes Title 21, Section 711. First degree manslaughter involves the unlawful killing of another person without premeditation or intent to kill. 1st degree manslaughter charges typically apply to killings that occur in the "heat of passion" or during a sudden quarrel or combat, without malice aforethought. The key elements of manslaughter include the killing being unlawful, occurring in a heightened emotional state, and lacking premeditation or intent. Penalties for first-degree manslaughter can range from four years to life in prison, reflecting the severity of the crime and the circumstances under which it was committed.
What Are the Elements of First Degree Manslaughter?
The elements of first degree manslaughter in Oklahoma are listed below.
- The unlawful killing of a human being.
- Without premeditated intent to kill (not involving malice aforethought).
- Occurring in a sudden heat of passion due to adequate provocation.
- During the commission of a misdemeanor.
- Without a design to effect death.
- Under circumstances that would constitute murder if the act were intentional.
These elements influence the severity of the sentencing in the case of a conviction on charges of manslaughter in the first degree.
What is an Example of First Degree Manslaughter?
An example of first-degree manslaughter in Oklahoma is when a person kills another in the heat of passion provoked by a situation that would cause a reasonable person to lose self-control, such as discovering a spouse in an act of adultery. The killing must occur without prior intent to kill but as an immediate reaction to the provocation.
Another example is when an intoxicated driver, under the influence of alcohol, loses control of their vehicle and crashes into another car, causing the death of a passenger in the other vehicle. This satisfies the elements of manslaughter because the killing was unlawful, it occurred without premeditated intent, was a result of reckless behavior, and happened during the commission of a misdemeanor, such as driving under the influence of alcohol.
What is the Sentence for First Degree Manslaughter in Oklahoma?
First degree manslaughter is a felony offense. The sentence for a conviction on charges of first degree manslaughter ranges from four (4) years up to life in prison. The minimum sentence for first-degree manslaughter is four (4) years imprisonment in the custody of the Department of Corrections. The maximum sentence for a conviction on charges of first degree manslaughter in Oklahoma is life imprisonment.
The average sentence for first-degree manslaughter varies depending on the specific circumstances of the case and the discretion of the judge. Oklahoma's sentencing guidelines are outlined in provide a framework for judges to determine appropriate prison sentences for first degree manslaughter convictions. These guidelines take into account the circumstances of each case, the severity of the crime, the criminal history of the defendant, and any mitigating or aggravating factors. There are no propitiations as to probation for those convicted of manslaughter.
Second Degree Manslaughter
In Oklahoma, second-degree manslaughter is defined under Oklahoma Statutes Title 21, Section 716. Second-degree manslaughter involves the unlawful killing of another person without premeditation, intent to kill, or malice aforethought. This charge typically applies to deaths caused by criminal negligence or reckless conduct that did not rise to the level of first-degree manslaughter. Key elements include the killing being unlawful and resulting from negligent or reckless actions. Penalties for second-degree manslaughter can vary, but they generally involve imprisonment, reflecting the gravity of the crime and the circumstances surrounding it.
What are the Elements of Second Degree Manslaughter?
The elements of second-degree manslaughter in Oklahoma are listed below:
- The unlawful killing of a human being.
- Without premeditated intent to kill (not involving malice aforethought).
- Resulting from criminal negligence or reckless conduct.
- Without a design to effect death.
- Under circumstances that would constitute murder if the act were intentional.
These elements influence the severity of the sentencing in the case of a conviction on charges of manslaughter in the second degree.
What is an Example of Second Degree Manslaughter?
One example of second degree manslaughter is a person who is texting and driving, loses control of their vehicle and causes a fatal collision. Although there was no intent to kill, the driver’s negligence in failing to pay attention to the road results in the death of another person. This scenario can be charged as second-degree manslaughter in Oklahoma due to the reckless disregard for safety.
A second example of second degree manslaughter is a dog owner who fails to properly secure their aggressive dog, which subsequently escapes and fatally attacks a passerby. The owner did not intend for the dog to kill, but their negligence in restraining a known dangerous animal results in a second-degree manslaughter charge in Oklahoma.
What is the Sentence for Second Degree Manslaughter in Oklahoma?
The sentence for second-degree manslaughter in Oklahoma is two (2) years imprisonment in the custody of the Department of Corrections. The maximum sentence for second degree manslaughter is four (4) years in prison.The average sentence for second-degree manslaughter varies depending on the specific circumstances of the case and the discretion of the judge. Oklahoma's sentencing guidelines provide a framework for judges to determine appropriate prison sentences for second-degree manslaughter convictions. These guidelines consider the circumstances of each case, the severity of the crime, the defendant's criminal history, and any mitigating or aggravating factors. There are no provisions for probation for those convicted of second-degree manslaughter.
What is the Difference between First and Second Degree Manslaughter?
First-degree manslaughter in Oklahoma involves a killing that occurs under specific circumstances that mitigate the crime's severity compared to murder, such as during a heat of passion, in the commission of a misdemeanor, or in cases of justifiable self-defense where excessive force was used. Second-degree manslaughter typically refers to an unintentional killing resulting from criminal negligence or reckless conduct without intent to kill. Both degrees differ in intent and circumstances but are classified as felonies with significant penalties, though first-degree carries more severe consequences.
What Type of Lawyer Handles Manslaughter Cases?
Criminal defense lawyers handle manslaughter cases. A manslaughter defense attorney specializes in defending their clients against charges of first-degree and second-degree manslaughter. Criminal defense lawyers perform a variety of important functions for their clients including evaluating their case, investigating the evidence against their client, counseling their client, developing a defense strategy, negotiating for lesser charges or a plea bargain, and representing their client at trial.
What Are Defense Strategies Are Used to Fight Manslaughter Charges?
The defense strategies for manslaughter charges include the heat of passion defense, the challenging identity defense, and the resisting criminal attempt defense. The heat of passion defense aims to prove that the defendant was provoked into a sudden and intense emotional state, such as anger or terror, which resulted in the killing. The "challenging identity" defense attempts to prove that law enforcement has charged the wrong individual with manslaughter. The "resisting criminal attempt" manslaughter defense attempts to prove that the defendant's actions were in response to an imminent threat or criminal act against them, and that this threat resulted in the death of the aggressor.
Is Manslaughter a Type of Homicide?
Yes, manslaughter is a type of homicide. Homicide refers to the killing of one person by another, and includes both lawful and unlawful killings. Manslaughter is an unlawful killing that lacks the premeditation or intent to kill that characterizes murder. Oklahoma's laws on homicide also includes murder, negligent homicide, and excusable homicide.
What is the Difference Between Manslaughter and Murder?
Manslaughter and murder are both types of homicide but differ significantly in intent and circumstances. Oklahoma's murder laws define murder as the unlawful killing of another person with a premeditated intent to kill. Manslaughter involves the unlawful killing without premeditation or intent to kill. First-degree murder typically results in harsher penalties, including life imprisonment or the death penalty. Manslaughter, whether first-degree or second-degree, generally carries lesser penalties, with sentences varying based on the degree and circumstances of the crime.
