First Degree Manslaughter is a violent crime in Oklahoma.  This subjects the offender to the “85% Rule,” which states a perpetrator must serve at least 85% of their sentence before receiving eligibility for parole.  However, manslaughter in the second degree is not subject to the 85% rule.  In terms of sentencing this is huge. It could amount to far more years in jail and a huge difference in whether or not the crime is subject to expungement.

When the prosecutors in Wagoner County charge a crime its a pattern that its over charged. They do this as a way of gaining leverage over you and they hope this causes you to plead guilty. This may be effective for them in some cases but it can also hurt them. The reason that it could hurt them is that what they charge they have to prove. For more information on criminal defense in Wagoner County read our blog.

First Degree Manslaughter vs. Second Degree Manslaughter:

Okla. Stat. tit. 21 §711 & 716 defines manslaughter.  First degree manslaughter according to §711 consists of killing another person without the intent to murder, while in the act of committing another misdemeanor crime, or in the heat of passion and in a cruel or unusual way. The unnecessary killing of a person committing a crime is also grounds for first-degree manslaughter.

Similarly, manslaughter in the second degree as defined in §716 includes the killing of another without intent to murder.  However, manslaughter in the second degree separates from the first-degree because it is generally associated with negligence upon the part of the offender instead of a general intent to harm.  Second degree manslaughter essentially is a catch all for all homicides that are unintentional and not covered by some type of justifiable defense, such as defense of another.

Punishments for First and Second Degree Manslaughter:

Both first and second degree manslaughter are felonies under Oklahoma law.  First degree manslaughter is punishable by a minimum of 4 years in prison.  There is not a limit on the maximum length of the prison term.  However, manslaughter in the second degree is more lenient.  It is punishable by a term in the State Penitentiary for 2 to 4 years, or in the county prison up to a year and a fine of $1,000.

Need a Criminal Lawyers Call Wagoner Attorneys Today:

If you find yourself in the precarious situation of facing manslaughter charges call us. If you’ve been charged with first degree manslaughter or second degree the Stat of Oklahoma on most cases like this will attempt to give you prison time.   Our criminal attorneys understand the gravity of a first or second degree sentence.  We also understand the lasting impact a felony can have on future employment and daily life.  We can help.