Oklahoma First Degree Manslaughter


Oklahoma First Degree Manslaughter

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:

  1. death of another;
  2. without intent to kill;
  3. while defendant is committing a misdemeanor crime OR in the heat of passion OR uses excessive force to defend another; AND
  4. 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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