In the United States, one of the most heinous crimes you can face is homicide. However, it’s important to understand that not all acts of homicide are the same, and the law has been adapted to reflect these matters. As such, understanding the different homicide charges is critical, especially if you are facing a manslaughter charge. Facing this offense can result in serious criminal penalties, including prison time, fines, and a permanent felony record. While these charges are generally “less severe” than murder, the state still pursues these cases aggressively. If this reflects your circumstances, the following blog explores what you should know about these matters and how an Oklahoma City manslaughter defense lawyer can help guide you through these incredibly challenging times.

What Constitutes a Manslaughter Charge in Oklahoma?

In Oklahoma, homicide is a general term used to describe the act of killing another human being. Though it may be strange to think about, there are different levels of homicide under the law. For example, murder is often the most severe, as it is a premeditated and intentional act, while in other instances, homicide may be justifiable in order to protect oneself from harm.

Manslaughter is a type of homicide that is not premeditated and often has a lack of intent. Typically, this is also called a “heat of passion” killing, in which you may find someone may act without any rationality or thought before committing the crime. “Heat of passion” is often used to explain circumstances in which one spouse finds the other cheating and commits homicide as a result.

You may also find that you’ve been charged with manslaughter if you commit a misdemeanor offense that results in the death of another person. For example, if you drive under the influence and cause an accident that results in the death of another person, it may be pursued as a manslaughter offense under Oklahoma law. You never intended for someone to die, but your actions still resulted in death.

Common Examples of Manslaughter Allegations in Oklahoma

  • Fatal DUI collisions
  • Reckless driving collisions
  • Deaths caused by misdemeanor crimes
  • Reckless handling of a firearm resulting in death
  • Fatal altercations or physical fights
  • Criminal negligence that results in a fatality

Key Differences Between Murder and Manslaughter

  • Murder allegations often involve premeditation or intent
  • Manslaughter charges generally revolve around reckless conduct, negligence, or emotional outbursts
  • Manslaughter is often charged when there is no intent to kill
  • Prosecutors will examine the circumstances and the criminal’s state of mind when determining how to charge the crime

What Penalties Can I Expect if I’m Convicted?

Manslaughter, though not as serious as murder, is still an incredibly intense charge that carries hefty fines and penalties for those convicted. Generally, the penalties you will face depend heavily on the circumstances surrounding your charge.

Typically, second-degree manslaughter carries between two and four years in jail and fines of up to $1,000. First-degree manslaughter, on the other hand, is much more intense, and you can face four years to life in prison for this offense. It is important to note, however, that you may be eligible for parole under Oklahoma’s 85% rules, which require you to serve at least 85% of your original sentence.

Potential Consequences Beyond Jail or Prison

In addition to incarceration and fines, you’ll find that a manslaughter conviction can result in:

  • A permanent felony record
  • Loss of firearm ownership rights
  • Difficulty obtaining housing
  • Probation or parole restrictions
  • Mandatory participation in counseling
  • Housing restrictions

Factors That Increase Penalties

  • Allegations involving intoxication or DUI
  • Conduct that is egregiously reckless
  • The victim is an extremely vulnerable individual
  • Multiple victims
  • You have a prior criminal history
  • The use of a firearm or other weapon

What Should I Do if I’m Under Investigation for Manslaughter in Oklahoma City?

If you believe you are being investigated for a manslaughter charge, it’s imperative to take these matters seriously. In Oklahoma City and the surrounding Central Oklahoma communities, police departments begin their cases almost immediately following the fatal incident.

Immediate Steps to Take

  • Remain calm and do not provide recorded statements to the police without legal counsel
  • Complying with lawful court orders
  • Preserve all text messages
  • Do not discuss your case publicly
  • Contact an experienced Oklahoma criminal defense attorney

Contact an Experienced Oklahoma City Criminal Defense Attorney

Many are under the false assumption that because manslaughter isn’t charged as harshly as murder, it should not be taken as seriously. However, this is far from the truth as the penalties for a manslaughter conviction can be incredibly intense in Oklahoma County, Edmond, Midwest City, and Norman. As such, it’s imperative to connect with an experienced attorney from the Jones Firm, PLLC, who can guide you through these difficult matters. Our criminal defense team will do everything in our power to find the best possible avenue for your circumstances. Connect with us today to learn how we can assist you.