Deaths occur sometimes. It is an unfortunate fact in Okmulgee, Oklahoma.
Any time someone takes the life of another, a homicide occurs. But not all homicides rise to the level of murder. Murder most often requires intent. Sometimes deaths occur without intent.
Manslaughter in Oklahoma is a death that occurs without a specific intent to kill. These deaths often result from a grossly or criminally negligent act.
Defining Manslaughter in Oklahoma
Oklahoma classifies its homicides by degree. Manslaughter is classified as either in the first or in the second degree, with first-degree manslaughter as the more serious charge.
First-degree manslaughter in Oklahoma occurs in the face of one of three possible scenarios.
1) During the commission of a misdemeanor. (A drunk driver accidentally causes the death of another.)
2) In the heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon, and the death is not otherwise excused or justified. (An enraged husband who catches his partner in a sexually compromised situation and who causes the death of one or both in the heat of passion.)
3) When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed. (A burglar enters your house and you inadvertently kill the burglar.) Okla. Stat. tit. 21 § 711
All the scenarios require that the death occurred without intent or “malice aforethought” and without the “depraved mind” that are the elements of first and second-degree murder under Oklahoma law.
There is one other set of circumstances that the law recognizes as giving rise to a charge of first-degree manslaughter. An intoxicated physician who gives any poison, drug, or medicine, or does any other act as a physician that results in the death of the patient may be charged with first-degree manslaughter. This is an accidental death that usually arises out of the wrong medicine being administered to a patient. Okla. Stat. tit. 21 § 712
Penalties are Harsh
First-degree manslaughter in Oklahoma is a felony offense. If convicted, the minimum sentence you will face is four years in prison. Okla. Stat. tit. 21 § 715
Additionally, this crime is subject to the 85% rule. That means that you will serve at least 85% of that time before you are released from prison.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or a loved one needs to speak with an Okmulgee criminal defense attorney regarding a charge of manslaughter in Oklahoma, call 918-756-9600 now for a low-cost consultation.
Or, enter your legal question or concern in the form at the top right of this page, and one of our attorneys will promptly return your message.
