Oklahoma Manslaughter Attorney

Defending Against Manslaughter Charges in Oklahoma

In Oklahoma, homicide may be classified in several different ways. Homicide is the act of killing another human being; however, not all instances of homicide are equal under the law. For example, an act of homicide may be considered murder or manslaughter. In other cases, homicide may be called negligent, and in certain situations, the killing of another person may be excusable.

Call us today at (405) 544-2992 or contact us online to schedule a consultation with our manslaughter attorney in Oklahoma.

What is Manslaughter?

Manslaughter is mainly distinguished from murder by a lack of intent or premeditation. However, not all murder charges include these elements, and the precise charge that results from an act of homicide will depend on the details of the case.

If you are charged with manslaughter, it is crucial to understand how Oklahoma law defines these offenses, as the distinction between first and second degree can significantly impact your legal strategy and potential penalties. The intent, circumstances, and level of negligence involved are all evaluated during the prosecution of such a charge. Consulting with a manslaughter attorney in Oklahoma can help clarify which specific statutes or defenses may apply to your situation and how the nuances of state law could affect your case.

The classifications and types of manslaughter in Oklahoma include:

• First degree manslaughter: Occurs when someone unintentionally kills another person either in the commission of a misdemeanor, in the “heat of passion” or in an attempt to resist a crime. Examples include a person who drives under the influence (a misdemeanor if it is a first offense) and causes an accident in which another person dies; a scenario in which a person acts impulsively and without rational thought as to the consequence of their actions; or an incident in which a person uses deadly force unnecessarily to resist or prevent a crime from being committed against them.
• Second degree manslaughter: Essentially serves as a catch-all statute that covers any act of homicide that does not constitute justifiable or excusable homicide, negligent homicide, first or second degree murder, or first degree manslaughter.

Here are some key factors that courts often consider in manslaughter cases:

• Circumstances surrounding the incident: The presence or absence of provocation, intent, or recklessness can shape the nature of the charge.
• Defendant’s mental state: Emotional stress or lack of premeditation may distinguish between charges of murder and manslaughter.
• Applicable state statutes: Oklahoma law includes specific statutory criteria that determine how an act is classified and prosecuted.
• Relationship to other criminal acts: The court looks at whether the act occurred in the course of committing a misdemeanor or other offense, which may elevate or reduce the severity of the charge.

Potential Impact of a Manslaughter Conviction in Oklahoma

Facing a manslaughter charge in Oklahoma can affect nearly every part of your life. Beyond the criminal penalties such as prison sentences and fines, a conviction may carry lasting consequences that impact employment, family, and overall reputation. Understanding these additional effects is important as you make decisions about your defense and your future.

Many individuals are surprised to learn that a conviction for manslaughter is considered a felony, which can lead to the loss of certain civil rights, including the right to own firearms or vote while incarcerated. In addition, potential employers and licensing boards in Oklahoma County and other areas will see this conviction on background checks, which can make obtaining or keeping employment much more difficult. This is why reaching out to a manslaughter lawyer Oklahoma defendants trust is a crucial step in protecting not just your immediate freedom, but long-term opportunities as well.

Some of the collateral consequences of a manslaughter conviction can include:

• Difficulty finding employment: Many employers conduct background checks that reveal felony convictions.
• Loss of certain rights: Convictions may restrict the ability to own firearms or serve on a jury.
• Impact on child custody: Family law judges may take criminal convictions into account when making decisions about custody and visitation.
• Immigration consequences: For non-citizens, a felony conviction may affect immigration status or eligibility for certain visas.

Because the full repercussions of a conviction can reach well beyond the courtroom, choosing the right legal representation can make a difference in your case outcome and future. Your attorney should help you understand the potential risks and work with you on strategies to avoid or minimize these life-altering impacts under Oklahoma law.

What are the Penalties For Manslaughter in Oklahoma?

The penalties for manslaughter may include:

• First degree manslaughter is considered a felony offense. The penalties include a minimum prison sentence of four years.
• Second degree manslaughter is also a felony, punishable by two to four years in prison.

Common Defenses Against Manslaughter Charges

• Self-defense or defense of others: If you acted in order to protect yourself or someone else from immediate danger, your attorney may argue that your actions were legally justified. Defending your actions on the basis of protecting life is a recognized legal defense in many Oklahoma courtrooms.
• Lack of intent: Manslaughter cases often hinge on whether there was intent or reckless behavior. If there was no intent to cause harm or death, this may serve as a strong defense.
• Insufficient evidence: The prosecution will need to prove guilt beyond a reasonable doubt. Your defense lawyer can challenge weak or unreliable evidence, witness testimony, or forensic findings.
• Alibi: If you were not present when the incident occurred, establishing an alibi can be a powerful defense against false accusations.
• Violation of rights: If law enforcement had violated your constitutional rights at the time of the investigation or arrest, critical evidence may be suppressed, weakening the prosecution’s case.

Contact Our Manslaughter Lawyer in Oklahoma Today

Schedule a free and confidential case consultation with our Oklahoma manslaughter attorney by calling our office at (405) 544-2992 or submitting our online form today.