Death at the hands of another is called a homicide. Death that occurs without a specific intent to kill is deemed manslaughter Tulsa OK.
Manslaughter is a serious crime in Oklahoma. If you are facing a manslaughter charge, here are some things you may want to know.
Manslaughter Tulsa OK Classifications
Oklahoma classifies manslaughter either in the first or second degree. First-degree manslaughter in Tulsa OK is more serious than second-degree manslaughter.
First-degree manslaughter is specifically defined in the Oklahoma statute. It occurs when a death results from one of three specific criteria:
- When the death occurs without intent while a person is engaged in the commission of a misdemeanor;
- When the death occurs without intent, in a heat of passion, but in a cruel or unusual way, or through the use of a dangerous weapon — unless the death is either excusable or justifiable homicide; or
- When the death occurs unnecessarily either while resisting an attempt by the person killed to commit a crime, or after the failure of the attempted crime.
Okla. Stat. tit. 21 § 711
All of these criteria require that the death occurred without intent and without the “depraved mind” that are the requirements of first and second-degree murder under Oklahoma law.
So how and when does this crime occur? Here are some examples. A husband catches his wife in bed with another person, and he hits her; a burglar enters your home and you crack him over the head with a baseball bat to stop him. These deaths happened without a specific intent to kill.
There is one other possible set of facts giving rise to a charge of first-degree manslaughter Tulsa OK. When an intoxicated doctor inadvertently administers a poison, drug, or medicine, or engages in any other act as a physician that results in the death of the patient, this is also first-degree manslaughter. Okla. Stat. tit. 21 § 712
Penalties
First-degree manslaughter is a felony in Tulsa. And while it is not as serious a crime as murder, it is still punishable by a term of at least four years in prison. Okla. Stat. tit. 21 § 715
Initial Strategy Session: Tulsa Criminal Defense Attorney
If you or someone you know has been accused of manslaughter in Tulsa OK, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Consult with an experienced Tulsa lawyer today by calling 918-756-9600.
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