Oklahoma manslaughter charges are very serious and could land an excused person in jail. In January of 2017, a Minnesota man was charged with manslaughter after shooting at trespassers on his property. The group was casing his house early in the morning for a future burglary attempt. The owner awoke to the noise and discharged two shots, hitting one of the suspects. The suspect later died due to the gunshot wound. This may seems like a typical self-defense case, but oftentimes the law does not provide automatic defense for those who are defending themselves. If you are facing these types of charges, read on to learn what your penalties may be and also how we can help.
What Constitutes Oklahoma Manslaughter Charges:
First Degree manslaughter is under Okla. Stat. tit. 21 § 711. To find a person guilty of first degree manslaughter, the State must show several elements. These are:
– Death of another
– without the intent to kill
– while committing a misdemeanor, in the heat of passion, or using excessive force; and
– the death occurs in an unusual or cruel manner.
Because the homeowner shot without the intent to kill the intruder, but in fact did kill him he is a candidate of first degree manslaughter. However, he is also a candidate for the lesser charge of it in the second degree. Okla. Stat. tit. 21 §716 defines second degree manslaughter as any killing of another, which is not directly murder. It cannot be excused nor justified as self-defense or protection of another.
Oklahoma Manslaughter Charges and its Punishments:
As you can see Oklahoma Manslaughter Charges are tricky offenses and often have very serious consequences. A manslaughter conviction in the first degree may put you in prison for 4 year to life. Second degree manslaughter has lesser consequences but may still end in jail time. These are fines reaching $1,000 and prison sentences ranging from 2 to 4 years. Our Tulsa attorneys have experience in defending clients facing Oklahoma Manslaughter Charges. We understand the stakes of a conviction and are here to fight for you. Call us at 918.743.2233 or read our Tulsa lawyers blog for more information.
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