Creek County Manslaughter Crimes are divided into degrees of manslaughter. Oklahoma is an “85% Rule” state. This means that anyone committing a violent crime must serve 85% of their sentence before becoming eligible for parole. Manslaughter in the first degree counts as a violent crime in Oklahoma. However, if you have a skilled attorney, you could lessen your charge to manslaughter in the second degree or even defeat it entirely. The following article will explain first and second degree manslaughter. If you need help from a Creek County manslaughter crimes attorney call our office today.
First Degree vs. Second Degree Manslaughter:
Okla. Stat. tit. 21 § 74-711 defines first degree manslaughter in Oklahoma. It is the (1) killing of another (2) without the intent to do so. Further, it must occur (3)during the commission of a misdemeanor or in the “heat of passion” in a cruel manner. Additionally, unnecessarily killing a person who is committing a crime may also result in first degree manslaughter charges.
Second degree manslaughter is in the same statute, but under §716. Similarly, it includes the elements of killing another person without intent to murder. But, it differs from first degree in that it usually involves negligence instead of purposely harming someone or a misdomeanor crime. This makes second degree manslaughter a net for all unintentional homicides.
Penalties for Creek County Manslaughter Crimes:
Creek County Manslaughter crimes are charged as felonies under Oklahoma law. It does not matter if it is first or second degree. A minimum sentence of 4 years in prison accompanies first degree manslaughter convictions. The prison term has no set maximum. Second degree manslaughter charges are more forgiving. You may only serve a 2 to 4 year sentence in the State Penitentiary. A fine may also be collected up to $1,000 against you.
If you used a firearm during the event, you may also face reckless handling charges. Learn about it here.
Let Our Creek County Criminal Attorneys Help You:
If you are facing charges on manslaughter call us. Our criminal defense attorneys in Sapulpa want to help you get the best possible defense. We understand what’s at stake for you. Let us help. Our first consultation is free, so we can get the details of your specific situation before building a case.