Oklahoma First Degree Manslaughter involve complex legal issues. The following is an example of one instance of it. In the 2010 Oklahoma case of State v. Ceasar, a driver in a hit-and-run accident was charged with first degree manslaughter. Ceasar was driving with a revoked license. Further, he hit two pedestrians crossing the street. One pedestrian died due to her injuries, while the other survived. Read on to understand how first degree manslaughter was a viable punishment in this case.
What Constitutes First Degree Manslaughter:
Oklahoma First Degree Manslaughter is found at Okla. Stat. tit. 21 § 711. The elements of the crime the State must prove to find a defendant guilty of it include:
- death of another;
- without intent to kill;
- while defendant is committing a misdemeanor crime OR in the heat of passion OR uses excessive force to defend another; AND
- the death occurs in a cruel or unusual way.
For example, in the case above we can break it down like this: 1. A woman died from being hit by Ceasar’s vehicle. 2. He did not have intentions to kill the woman. 3. He was driving with a revoked license which is a misdemeanor; and 4. the woman died by being hit by a vehicle—which is not a manner people expect to naturally die. Therefore, Oklahoma First Degree Manslaughter was a viable punishment for this case. The other portions of the statute regarding “heat of passion” or “excessive force” are only slightly different. Heat of passion can be a reaction to provocation which results in killing another; while “excessive force” refers to a person killing another when it is unnecessary to stop the crime, or the crime has already failed.
Oklahoma First Degree Manslaughter Penalties and How We Can Help:
The penalties for first degree manslaughter in Oklahoma are severe. A person receiving this type of conviction is subject to a prison sentence of 4 years to life depending on the specific circumstances. If you are facing charges on first degree manslaughter, contact us. We understand that even after serving prison time, a manslaughter charge can devastate your future prospects in employment, housing, and other vital areas of life also. Our attorneys have experience in defending people from harsh charges. Call us for a free consultation and let us know what we can do for you.
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