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First Degree Manslaughter in Oklahoma (Title 21 O.S. Section 711)
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.
First Degree Manslaughter Oklahoma Statute Title 21 Section 711
There are three (3) ways a person can commit First Degree Manslaughter in Oklahoma.
Misdemeanor Manslaughter
Heat of Passion Manslaughter
Resisting a Criminal Attempt Manslaughter
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"Causal Connection" of the Underlying misdemeanor in Misdemeanor Manslaughter Cases
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"In Commission of" the Underlying misdemeanor in Misdemeanor Manslaughter Cases
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"Accomplice Responsibility" 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 in Heat of Passion Manslaughter
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.
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.
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)