In general, many people assume that the act of taking the life of another, regardless of the circumstances, is considered equal in the eyes of the law. However, this is far from the truth, as there are a number of different types of homicide and levels associated with this offense. As such, if you are facing manslaughter charges in Oklahoma, it’s critical to understand when these charges are warranted and the potential penalties you can face if you are convicted. In addition, you’ll learn the importance of working with an Oklahoma City manslaughter lawyer to help you fight for the best possible outcome for your circumstances.
What Is Manslaughter and How Does It Differ From Murder?
In Oklahoma, there are three types of homicide charges: negligent homicide, manslaughter, and murder. Negligent homicide occurs when someone’s failure to consider safety leads to the death of another person, such as car accidents caused by texting and driving.
Murder, on he other hand, is generally defined as when someone is killed with malice aforethought. However, when it also involves premeditation, it warrants first-degree murder.
Manslaughter is the intentional act of killing someone, but without premeditation or malice aforethought. Typically, this occurs in “the heat of the passion” or after provocation by another party. Additionally, this can occur during the commission of a misdemeanor offense that leads to the death of another person, as the defendant failed to think rationally regarding the potential harm their actions can cause. For example, if you are driving under the influence and kill someone in a collision, it would constitute first-degree murder.
As such, the biggest difference between a murder and manslaughter charge is whether or not there was malice aforethought and premeditation.
What Penalties Do Manslaughter Charges in Oklahoma Carry?
While manslaughter may not be considered as heinous as murder in the eyes of the law, it can still carry intense penalties. A first-degree manslaughter offense is a felony charge, with a conviction carrying anywhere from four years to life in prison for this offense. However, you may be eligible for parole after serving 85% of your 45-year sentence.
A second-degree manslaughter charge, which is used to penalize all other acts of unlawful homicide that do not include murder, first-degree manslaughter, or negligent homicide, also carries serious penalties in Oklahoma. Like first-degree manslaughter, this is a felony offense carrying between two and four years behind bars, with fines up to $1,000.
Manslaughter is not a charge that should be taken lightly in Oklahoma, as it can completely change the course of your life. As such, if you have been arrested for manslaughter, regardless of whether it is a first or second-degree offense, it’s imperative to connect with an experienced attorney with the Jones Firm, PLLC. Our team understands how difficult these matters can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn how we can represent you.
