Facing a manslaughter charge in Norman, Oklahoma, is devastating for multiple reasons. You’re likely feeling horrible about what happened because you did not intend to cause harm. At the same time, your mistake has you facing years in prison. Oklahoma prosecutors take all instances where human life is lost due to another’s actions exceptionally seriously. The Penalties for manslaughter are severe, and trying to defend yourself can prevent you from receiving a fair sentence.
If you’re facing a manslaughter charge, you need to have a fierce criminal defense litigator by your side. At Pierce Law Firm, we have over three decades of experience defending the accused and know how to get you the best outcome possible.
What is Manslaughter in Oklahoma?
Manslaughter refers to the unlawful killing of another person without malice and can be classified as either voluntary or first-degree manslaughter and involuntary or second-degree manslaughter.
Manslaughter charges in Oklahoma are as follows:
First-Degree Manslaughter: There are several ways an individual can be charged with first-degree manslaughter in Oklahoma under Okla. Stat. tit. 21, § 711. One situation where this charge is appropriate is when an individual unintentionally causes the death of another while engaged in the commission of a misdemeanor. Another instance of first-degree manslaughter is when a homicide occurs without design or effect in the heat of passion but cruelly or unusually or using a dangerous weapon; unless committed under justifiable circumstances. Finally, a person can be convicted of first-degree manslaughter if a homicide is perpetrated unnecessarily, either while resisting an attempt by the person killed to commit a crime or after such an attempt has failed.
Second-Degree Manslaughter: A person faces a second-degree manslaughter charge under Okla. Stat. tit. 21, § 716 when a killing transpires, but the crime does not fall under any other manslaughter or murder offense. This type of manslaughter typically stems from an act of negligence as opposed to an intentional or reckless action that results in death.
Negligent Homicide: Although not included alongside the other manslaughter statutes, Vehicular manslaughter is a related charge that refers to the death of a human being that results from negligently driving a vehicle. Vehicular manslaughter may be charged as a misdemeanor but may then be charged as a felony if the driver is found to have been driving under the influence or any other form of reckless driving.
Potential Penalties for Manslaughter Convictions
Both first and second-degree manslaughter crimes are considered a felony in Oklahoma. The penalty for first-degree manslaughter is anywhere from four years in prison to a life sentence.
The crime is also subject to the 85 percent rule. Okla. Stat. tit. 21, § 13.1 states that individuals convicted of manslaughter must serve at least 85 percent of their sentence before being released or becoming eligible for parole or probation.
For second-degree manslaughter, the penalty is either a year in jail or two to four years in prison. A fine amounting to $1,000 may be added or substituted to jail time.
Plea Bargaining in Manslaughter Cases
If charged with manslaughter, an experienced Oklahoma attorney may be able to negotiate a plea agreement with the prosecutor. A plea bargain is a legally binding agreement in which the defendant pleads guilty to the crime in exchange for a reduced charge or sentence.
Post-Conviction Options
Post-conviction relief is challenging a verdict or sentence in a criminal case. Various post-conviction options may be pursued, including appeals and sentence modification.
The appeals process is the defendant’s chance to challenge the legality of the conviction or the sentence and have the higher court re-hear or review the case. During appeals, the court reviews the elements that may have led to a wrongful sentencing or conviction.
Sentence modification is another post-conviction option, wherein an individual convicted of a crime may be allowed to reduce their time in jail.
Seek Legal Representation Immediately
If you are facing a manslaughter conviction or are accused of being involved in an incident resulting in someone’s death, seek immediate legal representation from an aggressive and knowledgeable attorney.
Norman manslaughter crimes are taken very seriously. To learn more about manslaughter and other criminal offenses, schedule a free case evaluation with Pierce Law Firm, P.C., today.