Killing someone in Oklahoma City is homicide. However, it is not in all cases where death occurs because of the acts of another person are intentional. When you cause death to another person without intending it, you will face a manslaughter charge in Oklahoma.
What Constitutes A Manslaughter Charge In Oklahoma City?
To be charged with manslaughter, the prosecutor must be convinced that there was no malice aforethought or a depraved mind on your part. If there is evidence that the killing of someone else was intentional, you face murder charges. Murder is criminal.
The charges laid against a person who kills another without having intended to are of involuntary manslaughter. Manslaughter in Oklahoma City is considered a crime of negligence. This is to say that a defendant’s negligent act or acts causes the death of another.
For instance, battering a person repeatedly resulting in their death can be considered negligence if certain conditions are met. For example, the perpetrator does not exercise due care when attempting to restrain the victim which ends up resulting in death, though they had not planned to kill.
Elements Of The Crime
In Oklahoma City, you will be charged with first-degree manslaughter if one of the following conditions is met.
- If the killing takes place when a defendant is resisting an attempt by the victim to commit a crime. An example of this kind of situation is when a burglar breaks into your house, and you restrain him. If you continue battering him and kill him even when he has ceased to be a threat, it could be a case of manslaughter. Okla. Stat. tit. 21 § 711
- A person is killed in the heat of passion, though there was no intention to kill the victim. For instance, a wife may happen on her husband in bed with his lover. In a fit of fury, she shoots and kills one or both of them or stabs them with a knife. Such a case could be tried as first-degree manslaughter because the defendant had no malice aforethought.
- When a death occurs unintentionally when another crime is being committed. A person driving under the influence of alcohol could end up causing an accident that results in the death of a person or people. If death occurs in such an accident, the defendant may be charged with first-degree manslaughter for every death caused.
- A doctor who unintentionally gives the wrong drugs or medical procedure to a patient perhaps because the doctor is drunk will be considered negligent. He or she may be charged with involuntary manslaughter if the patient who was incorrectly treated dies. Okla. Stat. tit. 21 § 712
Penalties
First-degree manslaughter is a felony in Oklahoma City. The crime carries a minimum sentence of four years in prison. This crime is subject to the 85% rule, which means that you must serve at least that percentage of time before you can be released.
Will I Need A Lawyer To Beat A First Degree Manslaughter Charge In Oklahoma City?
When you are looking at four years in prison as the minimum sentence, you must get legal representation. The Oklahoma justice system is not one you can face without adequate preparation.
In the experience of a seasoned criminal defense lawyer, Oklahoma sends more people to prison than any other jurisdiction in the entire nation. Given such a grim reality, you don’t stand much of a chance of escaping prison if you appear in court unrepresented. An experienced Oklahoma City criminal defense attorney can poke holes in the argument of the other side and find issues with the procedure of the investigation to present a solid defense.
Initial Consultation: Oklahoma City Criminal Defense Attorney
We make it easy for you to get answers to your most pressing questions. There is no cost and no obligation for an initial consultation with our Oklahoma City criminal defense attorney. Call today for answers to your questions.
Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience. He has the wit and tenacity to match the skill of the Oklahoma City prosecutors.
For a initial consultation, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW) today.
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