Facing the news that a loved one has been charged with murder or manslaughter can be overwhelming.
In this blog, our team at Jacqui Ford Law covers the legal process and discusses some important steps you might want to take. Our experienced criminal defense advocate, Jacqui Ford, is committed to safeguarding clients from the full impact of criminal charges.
What is The Difference Between Manslaughter and Murder?
In Oklahoma, the distinction between manslaughter and murder primarily hinges on the defendant’s intent at the time of the crime.
- Manslaughter: This charge is applied when someone unintentionally causes the death of another person. This can occur during the commission of a misdemeanor, in resisting a crime, or in a spontaneous, emotionally charged situation—often referred to as a “crime of passion.”
- Murder: Murder charges are more severe and are levied when an individual intentionally and with premeditation kills another person. Premeditation implies that the defendant had planned the act ahead of time.
Unlike murder, manslaughter does not involve “malice aforethought” or a “depraved mind,” which are required for first and second-degree murder charges. Understanding these distinctions is crucial, as they significantly affect the severity of the charges and the corresponding legal penalties.
How is Manslaughter Defined in Oklahoma?
In Oklahoma, manslaughter is categorized into two degrees: first-degree and second-degree manslaughter, with first-degree manslaughter being the more serious of the two.
First-Degree Manslaughter
Defined under Okla. Stat. tit. 21 §§ 711, first-degree manslaughter occurs under one of three conditions:
- During the commission of a misdemeanor without the intent to kill
- In a sudden heat of passion without justification, resulting in a cruel and unusual death
- Through the use of a dangerous weapon during or following the victim’s criminal attempt, such as during a home invasion
Second-Degree Manslaughter
As outlined under Okla. Stat. tit. 21 §§ 716, second-degree manslaughter is applicable when a death occurs outside the conditions of murder or first-degree manslaughter. Second-degree manslaughter applies to unintended, fatal incidents not covered by other homicide laws in Oklahoma.
Penalties for First-Degree and Second-Degree Manslaughter and Murder Charges in Oklahoma
Each of the two degrees of manslaughter and murder charges in Oklahoma carries distinct penalties based on the severity of the violent offense.
Penalties for Manslaughter Charges
The following constitutes the penalties for manslaughter charges:
First-Degree Manslaughter
- Sentence of a minimum of 4 years to life in prison
- Must serve 85% of the sentence before eligibility for parole
Second-Degree Manslaughter
For second-degree manslaughter, penalties vary significantly based on specific case details. Convicts can expect:
- A prison term between 2 to 4 years, or
- Up to one year in county jail or
- A fine of $1,000.
Penalties for Murder Charges
Penalties for murder in Oklahoma differ based on the severity of the crime:
First-Degree Murder
Individuals convicted of first-degree murder in Oklahoma may face the most severe punishments:
- Death penalty, applicable if the District Attorney introduces aggravating circumstances via a “Bill of Particulars.”
- Life in prison without parole, or
- Life with the possibility of parole after 38 years
- Must serve 85% of the sentence before eligibility for parole
Second-Degree Murder
For those convicted of second-degree murder, classified as a felony:
- Sentence of 10 years to life in prison
- Defendants are required to serve 85% of their sentence
Given the serious nature of these charges, anyone accused of first-degree manslaughter and murder should seek representation from an experienced criminal defense attorney in Oklahoma. With the prosecution working diligently for a conviction, having a robust defense is crucial to protect your freedom.
Oklahoma’s Vehicle-Related Homicide Laws
Oklahoma recognizes two main types of vehicle-related homicides: negligent vehicular homicide and DUI manslaughter.
- Negligent Vehicular Homicide: This offense occurs when a motorist causes the death of another person by driving with “reckless disregard for the safety of others” (Okla. Stat. Ann. tit. 47, § 11-903). Key elements include:
- Reckless Disregard: Driving without the caution a prudent person would under similar circumstances.
- Causation: There must be a direct connection between the reckless driving and the fatality.
- Timing of Death: The law applies if the victim dies within a year of the incident.
- DUI Manslaughter: A motorist faces first-degree manslaughter charges if a DUI results in death. In Oklahoma, this is defined as causing death while committing a misdemeanor, which includes DUI offenses (Okla. Stat. Ann. tit. 21, § 711).
Penalties for Vehicular Homicide and DUI Manslaughter in Oklahoma
Negligent Vehicular Homicide Penalties
- Severity: Classified as a misdemeanor.
- Jail Time: Up to one year.
- Fines: Up to $1,000, doubled if there’s a prior traffic violation within three years.
- Additional Requirements: Mandatory completion of a driver improvement or defensive driving course.
- License Suspension: One year.
DUI Manslaughter Penalties
- Severity: Considered a felony.
- Prison Time: Minimum of four years.
If convicted, the impact extends beyond legal penalties, affecting personal and professional life due to a criminal record. The duration of a manslaughter or murder case in Oklahoma varies but can take several months to over a year, depending on the complexity of the case.
Legal proceedings for both first and second-degree manslaughter must be initiated within ten years from the date the crime is discovered.
How To Support Your Loved One Facing Manslaughter or Murder Charges in Oklahoma
When a loved one is facing serious charges like murder in Oklahoma, it’s a stressful and emotional time for everyone involved. Here’s what you can do to support them:
- Provide Emotional Support: Facing criminal charges can be isolating and frightening. Be there to listen, offer reassurance, and stand by them throughout the process.
- Seek Legal Representation: It’s crucial to hire a competent criminal defense attorney who has experience with serious criminal cases in Oklahoma. A skilled lawyer can navigate the legal system, advise on the best course of action, and work to secure the best possible outcome. This could include gathering evidence, interviewing witnesses, and scrutinizing police reports.
- Stay Informed: Understand the charges and the legal process by communicating regularly with the lawyer and researching independently. This can help you provide informed support and make crucial decisions in working together to defend your loved one against outstanding warrants.
- Help with Logistics: Your loved one may need help managing day-to-day tasks or making arrangements for family and work. Offering practical help can alleviate some of their stress.
- Prepare for Court: Attend court hearings with them, if possible. Your presence can offer significant moral support and show the court that your loved one has a supportive network.
- Encourage Professional Help: Consider recommending professional counseling to help them cope with the stress and mental strain of the legal process.
Supporting a loved one through such challenging times is crucial, not only for their emotional well-being but also for their ability to navigate the complexities of the legal system while your hired criminal defense attorney works to drop their charges.
Contact Our Team at Jacqui Ford Law Today
These situations can be daunting, and a lawyer will help you understand your legal options and protect your rights, whether that involves building a strong defense or negotiating a plea deal with the prosecution.
For over a decade, Jacqui Ford Law has delivered trusted criminal defense services to residents of Oklahoma. Contact us and schedule a free consultation today to start discussing how we can vigorously defend your rights.
