Negligent Homicide Attorney Oklahoma City OK

Negligent homicide occurs when one person causes the death of another person by failing to exercise reasonable caution or care. In Oklahoma, negligent homicide is also known as "vehicular homicide" because the negligent homicide statute is found in the motor vehicle chapter of the Oklahoma statutes. Negligent homicide is differs from other forms of homicide such as criminal, excusable, and justifiable homicide.

What is Negligent Homicide?

Negligent homicide is a criminal offense in Oklahoma where a person causes the death of another through criminal negligence. This means that the individual failed to exercise reasonable care or caution, resulting in fatal consequences. It is often associated with reckless behaviors, such as driving under the influence or other forms of gross negligence, that demonstrate a disregard for human life and safety. Negligent homicide is considered a serious crime and can result in significant legal penalties, including imprisonment and fines.

It is common to reference the same crime in more than one way. Negligent homicide is one such example. Oklahoma’s negligent homicide laws are often referred to as “vehicular manslaughter” laws due to the fact that they are found in the same area of the Oklahoma Statutes as other motor vehicle-related offenses.

Furthermore, the actual negligent homicide statute found in the motor vehicle chapter of the Oklahoma Statutes only contemplates a situation in which a human dies as a result of another person driving a vehicle in a way which would infer a reckless disregard for the safety of others.

The death which leads to a negligent homicide charge does not have to result immediately from the crash or wreck caused by the reckless driver.

Oklahoma law allows for someone to be charged with negligent homicide so long as the death ensues within one (1) year as the proximate cause of the injury which initially resulted from the reckless driving.

That means, even if someone does not die on impact, there is still a one (1) year period that has to pass before the reckless driver can escape a negligent homicide charge.

Interestingly, a motor vehicle is not required for a negligent homicide charge. If a person is sixteen (16) years or older and operated any type of vessel (boat, jet ski, etc.) in a manner evidencing a reckless disregard for others, that person can also be charged with negligent homicide if another person is killed, and the death is a proximate cause of injuries sustained as a result of the reckless operation.

Any person convicted of, or who pleads guilty to, negligent homicide will only be guilty of a misdemeanor. The punishment for the offense includes up to a year in county jail and a fine of $1000.00 dollars.

Negligent Homicide vs Criminal Homicide

Negligent homicide often involves unintentional acts, such as reckless driving, where the person did not intentionally cause death but acted with a lack of due caution. Criminal homicide, including murder and manslaughter, involves an element of intent or recklessness. Murder involves premeditation and intent to kill, while manslaughter is defined as a crime of passion or reckless behavior. Essentially, the key difference lies in the intent and degree of recklessness, with criminal homicide generally involving more severe intentional actions compared to the negligence seen in negligent homicide.

Negligent Homicide vs Excusable Homicide

Some deaths do not result in criminal liability whatsoever. These instances are referred to as “excusable” homicides. Excusable homicide happens:

1. When committed by accident and misfortune in doing any lawful act, by legal means, with usual and ordinary caution, and without any unlawful intent.
2. When 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.

As you can see, this doctrine centers around situations in which there is no intent to kill and the death is not a result of negligence or reckless disregard for the safety of others.

In cases of excusable homicide, the person who caused the death of the other is held harmless, and no criminal charges should be filed.

Negligent Homicide vs Justifiable Homicide

Justifiable homicide is not the same as excusable homicide. A justifiable homicide occurs when a person uses lethal force to protect him or another. Instances of justifiable homicide occur:

1. 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,
2. 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,
3. 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 legally keeping and preserving the peace.

Justifiable homicide usually happens when someone is using self-defense. This carries true for situations in which persons are protecting themselves or others. It does not apply when a person is merely trying to protect their property. In order to use lethal force in a justified manner, a person needs to be in reasonable fear that their life is actually in danger.