Involuntary Manslaughter: An Unintentional Killing
All deaths in which one person kills another are homicides, but not all homicides rise to the level of a criminal act. Murder is the most serious kind of homicide. Murder is a criminal act and is done with intent to kill. Manslaughter is a death that occurs without a specific intent to kill.
For an Oklahoma court to convict on an involuntary manslaughter charge, there must not be any specific intent to kill the victim. Instead, manslaughter in Oklahoma is a crime of negligence. A person’s negligent act causes the death of another.
Oklahoma classifies manslaughter homicides by degree. Manslaughter is classified as either in the first or in the second degree.
1st Degree Manslaughter
In Oklahoma, 1st degree manslaughter is a homicide in which the death occurs without intent to kill or “malice aforethought” and without a “depraved mind” which are elements of first and second degree murder under Oklahoma law.
Under Oklahoma law, First Degree Manslaughter may occur when:
- There is no intent to kill and the death occurs during the commission of a misdemeanor (ex. An accident while driving with a suspended license accidentally causes the death of another); or
- There is no intent to kill and the death occurs in the heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon, and the death is not otherwise excused or justified (A wife and her lover are surprised by a husband who shoots them in a fit of rage); or
- The death is unnecessary and it occurs either while resisting an attempt by the person killed to commit a crime, or after a failed attempt. Okla. Stat. tit. 21 § 711. For example, if a person detains an intruder who surrenders upon being confronted during a late-night burglary, then the person continued to pummel the intruder to death after the intruder no longer posed a threat, the burglary victim could be charged with first-degree manslaughter.
First degree manslaughter may also occur when an intoxicated doctor inadvertently gives the wrong medicine or a medical treatment to a patient that results in the death of the patient. Stat. tit. 21 § 712.
Penalties For 1st Degree Manslaughter
First degree manslaughter is a felony in Oklahoma. If convicted, the minimum sentence you will face is 4 years in prison. Okla. Stat. tit. 21 § 715. Additionally, this crime is subject to the 85% rule. That means that you will serve at least 85% of that time before you are released from prison.
2nd Degree Manslaughter
Oklahoma law defines second degree manslaughter as any killing which occurs as the result of an act or negligence but which does not constitute murder, and does to constitute manslaughter in the first degree and which is not either excusable or justifiable homicide. Okla. Stat. tit. 21 § 716. It a felony and is punishable by a jail term from 2 to 4 years in prison, or up to 1 year in the county jail, and/or a fine of up to $1000. Okla. Stat. tit. 21 § 722.
2nd Degree Murder Compared
In Oklahoma, a homicide is defined as murder in the second degree when the death occurs because of an act that is imminently dangerous to another and which shows a depraved mind, regardless of human life, but without premeditation, or when the act occurs while a person is engaged in committing a felony. Okla. Stat. tit. 21 § 701.8.
Second degree murder is punishable by a prison term of from 10 years to life. Okla. Stat. tit. 21 § 701.9. Second degree murder requires both a dangerous act and a “depraved mind.”
There is no specific intent to kill in second degree murder, but there may well be an intent to cause an injury that result of which is death. The perpetrator acts with imminently dangerous conduct in total disregard for the life, health and safety of others. In comparison, in manslaughter, the death is usually accidental.
Free Consultation: Tulsa Criminal Defense Attorney
If convicted of manslaughter or second degree murder you could spend many years in prison. If charged, it is important that you hire an experienced Tulsa criminal defense attorney. Because a Tulsa attorney is most familiar the Tulsa courts and judiciary, your local attorney can represent you with confidence in the local system.
To set up your free consultation, call or email us today. Call the Wirth Law Office at (918) 879-1681 or submit the question form at the top right of this page.