Involuntary manslaughter is a grave offense with major consequences in Oklahoma. If you or someone you know is charged with this crime, it’s important to understand the state’s laws and the next steps to take after receiving a conviction.
At Jacqui Ford Law, our team is well-versed in the complexities of these cases. Our criminal defense advocate, Jacqui Ford, is experienced in defending clients facing similar charges and will guide you through the process.
In this blog, we explain the distinctions between murder and manslaughter, outline Oklahoma’s second-degree and first-degree manslaughter laws, and list some potential actions to consider if you’re arrested.
What’s the Difference Between Murder and Manslaughter?
The key distinction between murder and manslaughter in Oklahoma law lies in malice, which refers to the intent to cause death or serious injury.
- Murder generally involves the unlawful killing of another person with malice under varying state-specific conditions.
- Manslaughter involves unlawful killings that occur without such intent.
What is Involuntary Manslaughter in Oklahoma?
Involuntary manslaughter in Oklahoma is a violent offense that refers to unintentionally causing someone’s death through either negligence or recklessness.
This can be categorized into two types:
- Criminal Negligence: This involves a death resulting from significant recklessness.
- Constructive Manslaughter: This occurs when a death happens during the commission of another crime, typically a misdemeanor.
In Oklahoma, involuntary manslaughter is treated as a negligent homicide. If negligence is not proven, the death is considered excusable and not subject to punishment.
First-Degree Manslaughter in Oklahoma
In Oklahoma, first-degree manslaughter involves a homicide where the death occurs unintentionally, without premeditated intent to kill or “malice aforethought,” distinguishing it from murder. This type of homicide does not involve the depraved indifference required for murder charges under Oklahoma statutes.
First-degree manslaughter under Oklahoma law, Okla. Stat. tit. 21 § 711, can happen in several scenarios:
- The death results accidentally during the commission of a misdemeanor, such as a fatal traffic accident caused by someone driving with a suspended license.
- The death arises in a moment of intense emotion (heat of passion). It involves excessive force or a dangerous weapon without being legally excusable or justifiable, like a person reacting violently upon catching a spouse in the act of infidelity.
- Death occurs unnecessarily when resisting or reacting to a crime or after the threat has ended, for example, if a burglary victim fatally assaults an intruder who has already surrendered.
Additionally, as per Okla. Stat. tit. 21 § 712, a death caused by a medical professional, such as an intoxicated doctor administering incorrect medication, can also constitute first-degree manslaughter.
Second-Degree Manslaughter in Oklahoma
Second-degree manslaughter in Oklahoma refers to a death caused by negligence that lacks extreme disregard for human life, cruelty, excessive force, or use of dangerous weapons associated with first-degree manslaughter.
Under Oklahoma law, second-degree manslaughter involves any killing that:
- is not classified as murder,
- does not meet the criteria for first-degree manslaughter,
- cannot be considered excusable or justifiable homicide
Penalties for Involuntary Manslaughter in Oklahoma
Manslaughter charges in Oklahoma are detailed and have specific penalties associated with each degree.
Second-Degree Manslaughter
- Punishable by 2 to 4 years in state prison, or
- Up to 1 year in county jail
- A possibility of a fine of up to $1,000
First-Degree Manslaughter
Without Prior Convictions (Okla. Stat. tit. 21 § 715):
- Mandatory minimum sentence of at least 4 years
- Maximum fine of up to $10,000
- At least 85% of the sentence must be served to become eligible for release
With Prior Convictions:
- One Prior Conviction (Okla. Stat. tit. 21 § 51.1 A1):
– Sentence range of 10 years to life
– A maximum fine of up to $10,000 - Two or More Prior Convictions (Okla. Stat. tit. 21 § 51.1 B.)
– Sentence range of 20 years to life.
– A maximum fine of up to $10,000.
Factors influencing severity include traffic violations, alcohol or drug use during the incident, any previous convictions, and the identity of the victim.
Proof Necessary for a Manslaughter Conviction
For a conviction of second-degree manslaughter in Oklahoma, the prosecution must prove:
- Unintentional Killing: The death was not planned or intended.
- Reckless or Negligent Conduct: The defendant’s actions were so careless or negligent that they disregarded the safety and well-being of others.
- Causation: The defendant’s actions directly caused the victim’s death.
Steps to Take If Arrested for Manslaughter
If you are arrested for manslaughter in Oklahoma, it’s essential to act quickly and wisely. Here are some steps you can consider:
- Stay Calm and Compliant: Do not resist arrest or argue with law enforcement officers.
- Exercise Your Right to Remain Silent: Politely decline to answer any questions without an attorney present, and actively ask your lawyer what your rights are.
- Request Legal Representation: Immediately ask for a seasoned murder defense lawyer with a reliable track record who can guide you through the legal process.
- Avoid Discussing Your Case: Do not talk about the incident with anyone other than your attorney, even when you are innocent.
- Gather Evidence and Witnesses: Collect any information that could support your case, such as photos, videos, police or professional reports, or witness contact details.
- Follow Your Lawyer’s Advice: Trust your lawyer to navigate the legal system and represent your interests. They will be the ones to negotiate plea deals, bails, or pardons and represent you from pre-trial hearings to the trial itself in court.
Jacqui Ford is here to represent you in court and defend you against your charges or accusations.
Contact Jacqui Ford, Oklahoma Criminal Defense Attorney, Today!
If you are convicted of manslaughter or second-degree murder, you could face a lengthy prison sentence.
It is crucial to have an experienced Oklahoma criminal defense attorney if you are charged. Jacqui Ford’s extensive knowledge of the Oklahoma court system enables her to represent you confidently in local courts.
To arrange your initial free and confidential consultation, contact us at 405-604-3200 today! Let’s start strategizing your defense.
