Were you accused of manslaughter in Oklahoma City, OK? A manslaughter charge carries the potential for years behind bars, along with consequences that follow you for life. The Oklahoma City manslaughter attorneys at Overman Legal Group can build an aggressive defense that vindicates your side of the story. Call (405) 605-6718 for a confidential consultation.
We have decades of experience handling homicide and manslaughter charges in Oklahoma. Weโre here to fight for you and protect your rights when the state tries to throw the book at you. Call now to learn more.
Why Choose Overman Legal Group to Handle My Manslaughter Case in Oklahoma City?
Manslaughter cases demand Oklahoma City criminal defense attorneys who understand both sides of the courtroom and know how prosecutors build these cases.
Here’s what sets Overman Legal Group apart:
- We bring over 40 years of combined experience to serious criminal defense matters across Oklahoma.
- We operate as a boutique firm with local roots in Oklahoma City, Oklahoma.
- Our attorneys have served as former prosecutors and public defenders.
- We are skilled negotiators who know when to fight a case and when to resolve it.
- We believe in second chances and that a single mistake shouldn’t define the rest of your life.
Call us today to schedule a consultation with an experienced Oklahoma City manslaughter lawyer.
Overview of Manslaughter in Oklahoma
Manslaughter refers to an unlawful killing committed without the โmalice aforethoughtโ required for a murder conviction. Oklahoma law recognizes two distinct categories of manslaughter, each carrying its own elements and legal standards.
First Degree Manslaughter
Under 21 O.S. ยง 711, first-degree manslaughter applies to an unintentional killing that occurs under one of several specific circumstances:
- During the commission of a misdemeanor without any intent to kill.
- In the heat of passion. This applies when a killing happens without a design to cause death but is carried out cruelly or unusually or with a dangerous weapon, and doesn’t qualify as excusable or justifiable homicide.
- While resisting an unlawful attempt by another person to commit a crime, or immediately after that attempt has failed.
This category is often associated with what many people think of as a “heat of passion” killing, which is a death occurring during a moment of intense emotion rather than a calculated act.
Second Degree Manslaughter
Second-degree manslaughter (21 O.S. ยง 716) functions as a broader, catch-all charge. It covers any killing that isn’t classified as murder, first-degree manslaughter, or an excusable or justifiable homicide.
This charge typically applies to deaths resulting from culpable negligence, meaning conduct that falls short of intentional or malicious behavior but still demonstrates a disregard for another person’s safety. A common example involves a person who owns an animal known to be dangerous and fails to properly restrain it before a fatal attack.
Examples of Situations That Lead to Manslaughter Charges
Manslaughter charges arise from a wide range of circumstances, and the specific facts of an incident often determine which degree applies.
Situations that may lead to first-degree charges include:
- A heated argument that escalates into a fatal altercation
- A person discovering a spouse or partner in the act of infidelity and reacting violently
- A death occurring during a bar fight or other spontaneous confrontation involving a weapon
- A person using excessive or unnecessary force while resisting what they believed was an unlawful attack
- A death that occurs during the commission of a misdemeanor offense, without any intent to kill
Situations that may lead to second-degree manslaughter charges include:
- A dog owner failing to restrain a pet with known aggressive tendencies
- A person handling a firearm carelessly, resulting in an accidental fatal shooting
- A caregiver’s negligent supervision resulting in the death of a vulnerable individual
- A property owner failing to address a known, serious hazard that leads to a fatal accident
- Reckless conduct in a workplace or industrial setting that results in a fatal injury to a coworker
Because these charges depend heavily on the specific facts involved, two similar incidents can result in very different charges, depending on the circumstances and the evidence available. An experienced attorney can evaluate whether the facts of your case support the charge you’re facing.
Potential Penalties for Manslaughter
Manslaughter is a felony under Oklahoma law, and the potential penalties depend on which degree applies to your case.
If convicted, you could face:
- For first-degree manslaughter: A minimum sentence of four years, with the possibility of life imprisonment depending on the circumstances
- For second-degree manslaughter: A term generally ranging from two to four years, though recent revisions to Oklahoma’s felony sentencing framework may affect how this offense is classified going forward
Beyond incarceration, a manslaughter conviction can also result in substantial fines and court costs, along with a period of supervised probation or parole following release.
Are There Collateral Consequences for a Manslaughter Charge?
A manslaughter conviction can follow you the rest of your life, even after youโve completed your sentence.
The collateral consequences can include:
- Employment difficulties due to many employersโ reluctance to hire someone with a violent felony conviction
- Firearm ownership rights automatically stripped from convicted felons under both state and federal law
- Housing barriers, such as landlords and property management companies that screen for felony convictions
- Damage to personal and professional relationships, particularly in a close-knit community like Oklahoma City
- Immigration consequences, including potential removal proceedings for non-citizens
- A permanent mark on your record that is visible during background checks for the rest of your life
These consequences are one more reason a manslaughter case deserves a serious, proactive defense.
What Defenses Can Be Raised for a Manslaughter Offense in Oklahoma?
Being charged with manslaughter doesn’t mean a conviction is inevitable. Prosecutors bear the burden of proving every element of the offense beyond a reasonable doubt, and there are often multiple avenues available to challenge their case.
Depending on the specific facts involved, potential defenses may include:
Self-Defense
If you reasonably believed you or someone else faced an imminent threat of death or serious bodily injury, you may have been justified in the use of force in response. A successful self-defense claim can result in a full acquittal, since it argues the killing was legally justified.
Imperfect Self-Defense
Sometimes a person mistakenly believes force is necessary to prevent serious harm. When that belief is honest but not entirely reasonable under the circumstances, it can reduce the severity of the charge or support a lesser conviction. This doctrine is known as imperfect self-defense.
Lack of Culpable Negligence
Second-degree manslaughter charges often hinge on whether a person’s conduct was negligent enough to warrant criminal liability. If the death resulted from a genuine accident, rather than reckless or careless behavior, the legal standard for manslaughter may not be met.
Insufficient Evidence
The prosecution must prove every element of a manslaughter charge beyond a reasonable doubt. This defense focuses on gaps in the state’s case, whether that’s a missing link in the timeline, unreliable evidence, or a failure to establish causation between the defendant’s conduct and the victim’s death.
Mistaken Identity or Alibi
If there’s a legitimate question about whether the defendant was even present or responsible for the killing, alibi or mistaken identity can be central to the defense.
Constitutional Violations
If law enforcement conducted an unlawful search, used improper interrogation tactics, or failed to properly advise you of your Miranda rights, evidence obtained as a result may be subject to suppression. Excluding key evidence can significantly weaken the prosecution’s case.
Because former prosecutors and public defenders are part of our team, we understand how the state builds these cases and know where the weaknesses typically lie. That perspective helps our Oklahoma City criminal defense lawyers craft the strongest defenses for our clients.
How an Attorney Can Help You Protect Your Rights
An experienced attorney will give you the best odds and strongest defense strategies for achieving a favorable result in your case.
A skilled defense attorney can:
- Conduct an independent investigation into the circumstances surrounding the death
- Obtain and thoroughly review all evidence the prosecution intends to use against you
- Identify exculpatory evidence that supports your version of events
- Explain the real-world consequences of any plea offer before you decide how to proceed
- Negotiate with prosecutors to pursue reduced charges or a dismissal where the facts support it
- Challenge unlawfully obtained evidence through pretrial motions
- Prepare a comprehensive trial strategy if your case can’t be resolved through negotiation
- Advocate aggressively on your behalf in front of a judge and jury
Every decision made in the early stages of your case can affect what options remain available later. That’s why seeking counsel from an attorney right away is of the utmost importance.
Contact an Oklahoma City Manslaughter Attorney for Help
Facing a manslaughter charge means facing the possibility of losing years of your life, along with consequences that extend well beyond any prison sentence. You need attorneys who understand the stakes and know how to build a defense that gives you the best possible chance of a positive outcome.
At Overman Legal Group, our attorneys have decades of combined experience and understand how prosecutors build these cases. We believe every person deserves a fair fight and a second chance, regardless of the charge they’re facing.
Call our office today to schedule a consultation with an experienced Oklahoma City manslaughter attorney and take the first step toward protecting your future.
