The Elements of First Degree Manslaughter:
For first degree manslaughter in Tulsa to be charged and proven, four elements must be present. These are that an (1) unintended (2) death of another person must occur (3) in an unusual or cruel manner(4) while the person causing the death is committing a misdemeanor crime, in the heat of passion, or using excessive force. See Okla. Stat. tit. 21 § 711.
We can break it down further like so: To prove first degree manslaughter in Tulsa Did someone die? If so, did the victim die in a cruel or unusual manner? For instance, a victim obeying the law who dies from being hit by a reckless driver would be unusual. If a cruel or unusual death occurs, was the death intentional? Did the person desire, want or have a goal of killing the victim? If so, the charges are not manslaughter but a form of homicide requiring difference punishments. Finally, did the victim die while the person causing the death was committing a crime or in a reaction that was excessive? If the force used against the victim was not equal to the threat or actual force used by the victim, it may fulfill the “excessive” requirement.
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Legal Help in Your Criminal Defense Case:
Charging you with First degree manslaughter in Tulsa is a far cry from convicting you. The State must prove each element of the crime to get their conviction. As you can imagine, the punishment is harsh. Anyone with a first degree manslaughter conviction faces a jail sentence of 4 years minimum. This could reach life imprisonment depending on the severity. Our attorneys defend our clients as seriously as we would defend ourselves. We understand what’s at stake and take it seriously. Call our offices for a free consultation 918.416.0358.