Oklahoma law considers manslaughter an 85% crime.  This means that anyone with a conviction of first degree manslaughter must serve 85% of their sentence before having any eligibility for parole.  On the other hand, a second degree manslaughter conviction is not subject to the 85% rule.  Therefore, it is vital that you hire a capable attorney if you are fighting a conviction on manslaughter charges.  There are other distinctions that make getting a second degree or lesser conviction important over a first degree conviction as well.  This article will explain more.

Manslaughter:  First Degree vs. Second Degree 

Oklahoma Statutes define manslaughter under Title 21.  Specifically, first degree is under Title 21 §711.  It is the killing of someone without any intent to do so.  Further, the death must occur while you are committing a misdemeanor crime or in the heat of passion, or if the person dies in a cruel and unusual manner.  Another form of first degree manslaughter is the unnecessary killing of someone who is committing a crime.  This is mainly for police and other peace officers to follow.

Second degree definitions are under §716 of Title 21.  Like first degree it involves the unintentional killing of another person.  Unlike first degree though, second degree is usually a result of negligent behavior instead of intent to hurt someone or commit a different crime.

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Penalties for Manslaughter Crimes

Oklahoma law considers both first and second degree manslaughters as felony crimes.  As you may expect, first degree has harsher penalties.  It has a minimum of 4 years in jail.  So, under the 85% rule, you are looking at no shorter than 3 ½ years imprisonment if you receive a conviction.  Further, there is not a maximum length on the term.  Thus, you could actually end up with a life sentence.  The law view second degree in a more lenient light.  The minimum sentence is 2 years with a maximum of 4 years.  You may also face a $1,000 fine.

Tulsa County Criminal Lawyers

Our Tulsa County criminal defense attorneys are familiar with the work a manslaughter case requires.  We also understand the gravity of the conviction and the importance of a job well done.  Call and get a free consultation with the Tulsa County Lawyers Group at 918-379-4864. Or you can click this link to ask an online legal question.