An Oklahoma City manslaughter defense attorney offers legal defense services for people who face voluntary (first degree) and involuntary (2nd degree) manslaughter charges in the State of Oklahoma. The criminal act of manslaughter is a homicide that occurs in the heat of passion due to a sudden provocation or in the commission of a misdemeanor. The manslaughter defense lawyers at Phillips & Associates have a deep understanding of Oklahoma criminal law, forensic evidence, and court procedures involved in a manslaughter case. The attorneys use this knowledge of the law to analyze the charges, investigate the facts of the case, develop a defense strategy, negotiate with prosecutors, and represent their client in court. Legal defense strategies for manslaughter charges include showing the act was committed in the heat of passion (loss of self-control), challenging the identity of the assailant, or showing the act was committed while attempting to stop a crime.

Selecting and hiring a manslaughter defense attorney in Oklahoma requires reading client reviews, reviewing attorney case histories, assessing their expertise, and scheduling a consultation to understand all costs and fees.

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Just as it does with murder, state law classifies manslaughter by degrees. First degree manslaughter is a more egregious offense than second degree manslaughter, and therefore, conviction is subject to harsher penalties.

Manslaughter Charges Our Criminal Attorneys Defend

The manslaughter defense attorneys at Phillips & Associates defend clients on charges of voluntary (first degree) and involuntary (second degree) manslaughter. First and second degree manslaughter are felony offenses. Conviction of manslaughter can be life-altering, leading to significant sentencing and a criminal record of homicide. If you or someone you know are facing charges you should contact a criminal defense attorney in Oklahoma City immediately.

First Degree (Voluntary) Manslaughter

First degree (voluntary) manslaughter involves the intentional killing of another person in the "heat of passion" or the unintentional killing of a person during the perpetration of a misdemeanor. Oklahoma law outlines first degree manslaughter in 21 O.S. § 711. Fighting charges of voluntary manslaughter involves tailoring a defense strategy to attack the specific claim the state is relying on for their prosecution. These claims include that the defendant was engaged in the commission of a misdemeanor, the defendant killed in the heat of passion, with a dangerous weapon, or in a cruel and unusual manner, or that the defendant killed "unnecessarily" while resisting a crime.

Second Degree (Involuntary) Manslaughter

Second degree (involuntary) manslaughter occurs when an individual causes another person’s death by an act or careless behavior, even though the person did not mean to kill anyone, and that death does not qualify as murder, first degree manslaughter, or a justified or excused killing. Oklahoma law outlines second degree manslaughter in 21 O.S. § 716. Fighting charges of second degree manslaughter involves building a defense strategy to attack the specific claim the state is relying on for their prosecution. These claims include that the defendant acted with culpable negligence, that the defendant’s conduct caused the death, and that the killing does not fall within the legal requirements of excusable or justifiable homicide.

What Does a Manslaughter Defense Attorney Do?

An Oklahoma manslaughter defense attorney advocates for the constitutional rights of their client's throughout the criminal process. Criminal defense attorneys examine the details of the case, conduct their own independent investigation, counsel their clients about their legal options, build a defense strategy, negotiate potential plea bargains, an represent their client in trial when necessary.

Examine the Case

Examining the case involves analyzing police reports, witness statements, and forensic evidence so the attorney can understand the circumstances surrounding the manslaughter charges. Defense attorneys study the evidence submitted by the prosecution to identify inconsistencies, biases, or weaknesses in the State's case. Once evidence has been analyzed the defense team builds a defense strategy based the legal elements of manslaughter such as showing a lack of intent, acting in self-defense, or the presence of mitigating factors that could result in reduced charges.

Conduct an Independent Investigation

A manslaughter defense attorney conducts an independent investigation by interviewing witnesses to learn new information or confirm existing statements, analyzing forensic evidence that includes autopsy reports and DNA results, and studying data from the crime scene to identify inconsistencies or alternative explanations of the events that support the client's defense. Crime scene data includes physical evidence, weapons analysis, blood spatter patterns, and other evidence that help clarify the events that led to the homicide. The purpose of conducting an investigation is to find exculpatory evidence, challenge the prosecution's case, and determine the best defense strategy to pursue based on the facts of the case.

Counsel the Client

A manslaughter defense lawyer advises their clients on the best legal options given the circumstances of the charges the face. The attorney explains available defense strategies including self-defense, accidental death, and adequate provocation. For each defense strategy, the attorney explains the possible outcomes such as reduced charges, plea agreements, or acquittal. The attorney helps ensure the client understands the criminal process by explaining the steps from arraignment through trial and possible appeal. During trial the attorney helps the client understand court procedures, evidentiary rules, as well as the role of the judge, jury, and prosecution.

Build a Defense Strategy

The attorney develops a legal defense strategy based on the specific circumstances of the manslaughter case by reviewing all available evidence and facts. Attorneys commonly enlist strategies such as challenging the evidence of recklessness or negligence, establishing an alibi, or claiming their client acted in self-defense when defending a client against manslaughter charges. These defense strategies involve analyzing the prosecution's claims and identifying errors or inconsistencies in the presentation of the facts. This is accomplished using methods such as questioning the credibility of witnesses, disputing forensic evidence, or presenting alternative explanations for the killing.

Negotiate with the Prosecution

A manslaughter defense attorney negotiates with the prosecution on behalf of their client to reduce the charges against their client or to lessen the sentence their client may face. For manslaughter cases, this often involves negotiating for lesser charges, such as involuntary manslaughter, instead of voluntary manslaughter or murder. The defense attorney presents mitigating factors, such as the defendant's lack of prior criminal history, evidence of provocation, or the absence of intent to kill, to persuade the prosecution to agree to a plea deal. The defense attorney creates leverage to secure more favorable terms for their client by demonstrating weaknesses in the prosecution's case or emphasizing the potential challenges of securing a conviction.

Prepare for and Represent at Trial

Trial preparation focuses on reviewing case materials and evaluating the prosecution's position. This evaluation identifies strengths and weaknesses in the prosecution's case. Weakness recognition supports strategic planning. The defense attorney also completes necessary pretrial actions to ensure procedural readiness and fair trial conditions. These preparations establish control and help reduce uncertainty.The attorney represents the client in court through structured advocacy and courtroom management. They present arguments, challenge prosecution evidence, and consistently support the defense narrative. This representation protects the client’s rights and maintains procedural fairness. The defense concludes the legal proceedings by summarizing the defense position and emphasizing reasonable doubt. The objective is to seek acquittal or the most favorable outcome possible.

Oklahoma First Degree Manslaughter Law

First degree manslaughter is a felony. The minimum penalty is a prison term of 4 years. In addition, first degree manslaughter is an 85 Percent Crime, which requires the person convicted to serve at least 85 percent of his or her sentence before becoming eligible for parole.

The distinction between first degree manslaughter and second degree murder can sometimes be confusing; however, the penalties of conviction are typically much less severe than those associated with a murder conviction. Because of the often subtle differences between homicide charges, it is critical that a defendant allows an experienced defense lawyer to handle the case. In many cases, a more serious charge may be reduced, or a jury may be instructed to consider a lesser included offense as an alternative charge.

State law lists the following acts of homicide as manslaughter in the first degree:

• When an unintentional death occurs in the commission of a misdemeanor
• When an unintentional homicide is committed "in the heat of passion, but in a cruel and unusual manner"
• When a life is taken by means of a dangerous weapon, except in cases of justifiable homicide
• When the homicide is committed unnecessarily to prevent the commission of a crime or after the attempt has failed
• When a physician is intoxicated while performing his or her duties and causes the death of a patient
• When a person performs or induces an unlawful abortion

One of the most common scenarios for a first degree manslaughter charge is a fatal DUI accident. Typically in Oklahoma, DUI is a misdemeanor, so when a death occurs as a result of a driver's careless action and disregard for life, the offense is charged as first degree manslaughter.

First degree manslaughter is punishable by a minimum of four years in prison.

Oklahoma Second Degree Manslaughter Law

Any person guilty of second degree manslaughter is guilty of a felony punishable by imprisonment in the State Penitentiary not more than four (4) years and not less than two (2) years, or by imprisonment in a county jail not exceeding one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or both fine and imprisonment.

Unless it falls under the specific circumstances defined as first degree manslaughter, acts of negligence that result in death are charged as manslaughter in the second degree:

• "Every killing of one human being by the act, procurement or culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree." (21 O.S. § 716)
• In a fatal animal attack, the owner of the animal may also be charged with second degree manslaughter if he or she knew of the animal's propensity for violence, yet failed to keep it contained or kept it "without ordinary care."

Second degree manslaughter is a felony, and conviction of this offense carries a potential sentence of 2 to 4 years in the state penitentiary.

Fighting a Manslaughter Charge

If you or a loved one has unintentionally caused the death of another person, you are most likely dealing with guilt, depression, and despair. Facing a criminal charge and the prospect of prison as a punishment for a mistake or act of negligence may seem too much to bear. In the eyes of the law, however, your personal suffering does not mitigate the act, and you face serious consequences, the ramifications of which can last a lifetime.

You need someone to aggressively defend you against the homicide charge. Our attorneys understand the implications of your arrest and charge, and we are committed to providing top quality legal counsel and defense representation to bring your case to its optimal resolution.
Call today to discuss your case with a qualified attorney. Consultations are free and confidential.