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First (1st) Degree Manslaughter in Oklahoma Criminal Law

Manslaughter in Oklahoma is divided into two categories, First (1st) Degree Manslaughter and Second (2nd) Degree Manslaughter. Both First and Second Degree Manslaughter are felonies. First (1st) Degree Manslaughter is much more serious than Second (2nd) Degree Manslaughter. This page explains First Degree Manslaughter. Learn about Second Degree Manslaughter.

The standard bond for First Degree Manslaughter in Tulsa County with no priors is $50,000. See Tulsa County Bond Schedule.

First Degree Manslaughter Oklahoma Statute Title 21 Section 711

There are three (3) ways a person can commit First Degree Manslaughter in Oklahoma.

  1. Misdemeanor Manslaughter

  2. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor. See Oklahoma Jury Instruction for Misdemeanor Manslaughter.

  3. Heat of Passion Manslaughter

  4. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide. See Oklahoma Jury Instruction for Heat of Passion Manslaughter.

  5. Resisting a Criminal Attempt Manslaughter

  6. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed. See Oklahoma Jury Instruction for Resisting a Criminal Attempt Manslaughter.

    Punishment Range for First (1st) Degree Manslaughter in Oklahoma (No Priors)

    First Degree Manslaughter is an eighty-five precent crime (85%)

    Not less than 4 years and a fine up to $10,000 (See Oklahoma Statute Title 21 Section 715)

    Punishment Range for First (1st) Degree Manslaughter in Oklahoma with Priors

    First Degree Manslaughter is an eighty-five precent crime (85%)

    With One Prior

    10 years to Life and a fine up to $10,000 (See Oklahoma Statute Title 21 Section 51.1 A1)

    With Two or More Priors

    20 years to Life and a fine up to $10,000 (See Oklahoma Statute Title 21 Section 51.1 B)

    Legal Issues with First (1st) Degree Manslaughter Charges in Oklahoma Criminal Law

    • "Causal Connection" of the Underlying misdemeanor in Misdemeanor Manslaughter Cases

    • "In Commission of" the Underlying misdemeanor in Misdemeanor Manslaughter Cases

    • "Accomplice Responsibiliy" in Misdemeanor Manslaughter Cases

    • "Driving While Impaired" as an underlying misdemeanor in Misdemeanor Manslaughter Cases

    • Provocation in Heat of Passion Manslaughter Cases

    • Heat of Passion Manslaughter as a Lesser Included Offense to Malice Murder

    • Time to Cool im Heat of Passion Manslaughter

    • Return to the Oklahoma Criminal Law Guide