All deaths in which one person kills another are homicides, but not all homicides rise to the level of a criminal act.
Murder is the most serious kind of homicide in Wagoner, Oklahoma. It is a criminal act done with intent.
Manslaughter is a death that occurs without a specific intent to kill. Oklahoma manslaughter in the first degree is the most serious type of manslaughter; a defendant could also be charged with the less serious second-degree manslaughter depending on the circumstances.
What Is Oklahoma Manslaughter in the First Degree?
Oklahoma manslaughter in the first degree occurs in the face of one of three possible criteria. Okla. Stat. tit. 21 § 711
All the criteria require that the death occurred without intent or “malice aforethought” and without the “depraved mind” that are the hallmarks of first and second-degree murder under Oklahoma law.
First-degree manslaughter can be found if the death occurs during the commission of a misdemeanor, the heat of passion — but in a cruel and unusual manner and the homicide was not justified — by means of a dangerous weapon, or when the death occurred unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.
Another scenario that could lead to a charge of first-degree manslaughter concerns an intoxicated physician who administers any poison, drug, or medicine, or does any other act as a physician that results in the death of the patient. This typically happens if an intoxicated physician gives a patient the wrong medicine and the patient dies. Okla. Stat. tit. 21 § 712
In all cases of Oklahoma manslaughter in the first degree, there is no specific intent to kill.
Here are more situations that could constitute first-degree manslaughter.
- A fatality that occurs as a result of an impaired driver may be charged as an Oklahoma manslaughter in the first degree.
- An enraged husband who catches his partner in a sexually compromising situation and who causes the death of one or both may be convicted of first-degree manslaughter in some situations if the killing was impulsive.
- A burglar enters your house and you inadvertently kill the burglar — if the burglar was not using lethal force.
Penalties for Oklahoma Manslaughter in the First Degree
Oklahoma manslaughter in the first degree is a felony crime. It is punishable by a term of no less than four years in prison. Okla. Stat. tit. 21 § 715
Initial Strategy Session: Wagoner Criminal Defense Attorney
If you are facing a charge of Oklahoma manslaughter in the first degree, talk to an experienced Wagoner criminal defense attorney as soon as possible. Do not wait and do not speak to the police. Remember that everything that you say to them can and will be used against you.
For a low-cost consultation, call Wirth Law Office – Wagoner at 918-485-0335.
As always, you have the option to enter a legal question in the form at the top right of this page.
