Most people know of the crime Manslaughter. However, some people do not know that manslaughter can divide into “degrees” of crime. Of course, like any other crime, first degree manslaughter has to meet certain elements. Further, it is eligible for only certain punishments under the law. This article explores first degree manslaughter and how it can affect you and the people you love.
Elements of First Degree Manslaughter
You can find the elements of first degree manslaughter under Title 21 §711 of the Oklahoma Statutes. This lays out the following elements a prosecutor must prove in order to get a conviction.
- Death of another person;
- Even though you did not intend to kill them;
- While you were committing a crime, or in the heat of passion, or using excessive force to defend; and
- The victim dies in a cruel or unusual manner.
While a person’s death and the cause of death are generally easy to prove, the State usually has more trouble with the intentions and heat of passion and excessive force requirements. For example, excessive force is when you use an overabundance of force to stop someone from hurting you or another. An example of this would be shooting a person who is trying to cut you with a plastic knife. Heat of passion examples can include a husband stabbing his wife when she informs him she is having an affair and plans to leave him and take their child. The key is that it cannot be a premeditated act, but a reactionary one to immediate circumstances.
SEE MORE INFO HERE ON MURDER CHARGES AND HOMICIDES.
Potential Punishment In Tulsa County
The law provides strict punishment for first degree manslaughter. As a result, you can expect a jail term of no less than four (4) years. It may even extend to a full life sentence depending on the circumstances. Penalties are especially harsh because this crime is a single step below homicide. If you are facing manslaughter charges. For a Free consultation with a Tulsa County criminal defense attorney from Tulsa County Lawyers Group call 918.379.4864. Or you can ask a free online legal question by clicking this link.
